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LIBRARY OF CONGRESS. 






UNITED STATES OF AMERICA 




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THE 




MUNICIPALIST. 



IN TWO PARTS. 






L'Etat c'est moi : 
Louis XIV — Napoleon I. 

L'Etat c'est la raison : 
Frkdekick the Great. 

L'Etat c'est la justice : 
The Constitution of the United States. 




NEW YORK: 

GEORGE SAVAGE, PUBLISHER, 116 NASSAU STREET. 

ROSS & TOUSEY. and DEXTER & BROTHER. 



1858. 



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Entered, according to Act of Congress, in the year 1858, 

By GEORGE SAVAGE, 

in the Clerk's Office of the District Court of the United States, In and for the 

Southern District of New York. 



SAVAGE & M°CKEA, STEREOTYPER3, 
13 Chambers Street, N. Y. 



TO 



HIS CHILDREN 



AND 



THE RISING GENERATION 



THE FOLLOWING LETTERS 



&rt 3itsrritofr 

By the Author. 



PREFACE. 



It is customary to say that republics can not exist without pub- 
lic virtue. There is much truth in this saying, which, also, is ap- 
plicable to monarchies ; but, by a careful study of the history of 
both, it will be perceived that the causes of the downfall of re- 
publics in particular, are principally owing to their imperfect or- 
ganization in regard to three entirely material, and constantly 
varying subjects, namely : Population, Size of State, and its sub- 
divisions, and Public Business, and not exactly to a too great 
deficiency of public virtue alone, because men, on an average, are 
the same, at the time when they set up republics, and when they 
suffer them to become monarchized. The difference is that, at the 
first epoch, population, size, and business, were adequate to the 
republican, and at the latter period to the monarchical form of 
government. It is, however, true and obvious, from all we see 
and read, that public virtue is, with us, at a low ebb. Why is 
this ? We have schools for all, innumerable churches, religious 
meetings and publications, colleges and academies in all towns and 
cities, books in all houses, and newspapers showering upon us in 
clouds ; pushed on by a noble zeal for improvement, we organize 
universities, scientific associations, tract societies, reading-rooms 
libraries, one after another; still, the inestimable principles and 
durable advantages of honesty and justice to communities, and in- 
dividuals composing them, seem to be lost sight of, and hence, 
public corruption is' constantly increasing. Why, we ask agaii. 



6 PREFACE. 

is this ? It is further true, that a state institution is either the 
most powerful social agent, to promote the sense of honesty and 
justice, the mother of public virtue, or the most effective machin- 
ery to sow the seed of vice, from which spring up public corrup- 
tion, broadcast over the land. History tells of bad and good 
states, of meir bad and good influences upon the public morals, 
characters, and inclinations of men. A close observer may dis- 
cern, in this regard, a great difference even between our own 
states, although all are republics. Now, when we can not deny 
that our society, although in the full possession of the most abun- 
dant moral and intellectual means for the general improvement of 
which ever an age could boast, from day to day is degenerating, 
we must necessarily come to the conclusion that our political in- 
stitutions, generally speaking, are working in the wrong direction, 
and therefore need reforming. 

This conclusion has been virtually admitted by the legislature 
of the largest state in the Union, that of New York, when re- 
solving, without a dissenting vote, to take the sense of the people 
on the amending of the constitution at the next November elec- 
tion. The press has been teeming with loud complaints of public 
corruption, and a deficient administration of justice, in fact, a 
failure of the state institution itself. This resolve of the legisla- 
ture should, therefore, have not taken it, or the citizens, by sur- 
prise. A glance at the commercial crisis, the effects of which are 
still felt all over the world, and the role which the banks and 
judiciary of the empire state played in it — at the legislative en- 
croachments upon the simplest, clearest, and most sacred munici- 
pal rights of towns — at the defective management of the public 
works — at the overpowering influence of the lobbies on the legis- 
lature — at the increase of public debt, taxes, crime, and mobism 
— at the delay, confusion, and corruption, in the judicial proce- 
dures — at the abuse of the executive pardoning power — at the 
defective workings of the jury — at the insecurity of life and 
property ; a mere glance, we say, at these crying evils, comprised 



PREFACE. 7 

by the words " public corruption," necessarily more acutely felt 
by the legislators themselves than others, because more directly 
evident to them, was sufficient to determine them at once, without 
waiting for renewed newspaper discussions, to resort to the re- 
vision of the constitution, perhaps involving an overhauling of 
the whole state machinery. 

The voting upon the amending of the constitution, at this pe- 
riod of our state history, is, therefore, a most important act of the 
people, because it depends upon it to restore the sullied honor of 
our noble form of government, and to check, in a large measure, 
the onward course of public corruption. We will succeed if we 
go earnestly to work, with a thorough knowledge of the causes of 
the evil and the way to remove them. 

To afford, now, to each voter, to each family, an easy oppor- 
tunity to inform themselves thoroughly of those causes and reme- 
dies, and the paramount necessity of amending their present con- 
stitution, is the aim of this book. 

This, so we thought, could not be done better than by a com- 
prehensive explanation and critical discussion of the American 
system of governing, as it originally is, that is, of the federal 
constitution, the ruling guide for the management of the national 
public business, and of the state constitution, under revision, 
serving as a guide for the management of the municipal public 
business, with regard to the prevalent practice in both Congress 
and state. 

Almost simultaneously with the legislature of New York, that 
of Maryland resolved to take the sense of the people upon the 
amending their constitution of 1851. The vote, soon after cast, 
was against a change. Both have introduced an elective judicia- 
ry ; from both states come loud complaints of a defective admin- 
istration of justice ! These are significant signs on the political 
horizon. If we have exposed and explained them frankly as we 
find them,Ve did not intend to reflect upon any man ; no, but 
merely to show what defects, especially, in the municipal social 



8 PREFACE. 

organization, have been instrumental to produce the complained- 
of results. We hope, therefore, that this book, written as it is 
from mere patriotic motives, will meet a patriotic welcome, and 
recommend itself to the candid and generous notice of the press. 

Besides a critical examination of these constitutions, the reader 
will find in this book general instructive remarks on the nature 
and organization of the public business, and some important pub- 
lic documents, partly in connection with our political fabric and 
that of Europe : among others, " Washington's Farewell Ad- 
dress," contrasted with Macchiavelli's celebrated book, "The 
Prince." 

By the " crisis," the publication of this book has been delayed, 
which will account for some remarks on the last congressional 
election and other political events of the time, when the letters in 
the first part were written. It is hoped that it will find favor 
with the readers of all parties, impossible as it is to please all 
men, even when aiming at nothing but truth, L e., the exposition of 
great principles and " sound doctrine." The words " sound doc- 
trine" taken from Paul's first letter to Timothy, induce us to re- 
spectfully solicit the particular attention of all Christian ministers 
to this book. Its leading idea that the state is set up exclusively 
for the realization of justice (the main source of public virtue), 
has been clearly enunciated by Paul, the great propagator of 
Christianity, and real founder of our Christian institutions. More- 
over this idea has been strictly followed up by the framers of our 
federal constitution, as shown in the book; it has been further 
recognised and carried out by those who achieved the separation 
of the state and church ; but it has been, in the course of time, 
lost sight of by Congress and states, and thus become the cause 
of most of the public corruption and decline of public virtue com- 
plained of. This to prove, in order to show how to stem the 
dangerous current, is one of the main objects of the book. But 
here it will meet opposition, and even condemnation, from many 
sides. But time will prove that Paul and the framers of the 



PREFACE. 9 

federal constitution, and those who achieved the separation of 
church and state, were right. 

The members of the judiciary, who are in the habit of draw- 
ins wisdom from the classical fountains, will remember the line 
of Virgil: — 

" Discite justitiam raoniti, et non temnere Divos !" 

We wish they may please consider this book as an humble 
common-sense appeal to renewed exertions for the creation of a 
dignified, independent, American judiciary, based upon an indi- 
genous American common law, emanating from and in harmony 
with the great principle of self-government, and therefore in 
many respects different from the law ideas commonly prevalent 
in subject society. 

To the rising generation the book has been dedicated, and 
therefore written in familiar letter style, because those who are 
just entering into actual citizen life will have to finish the work 
of a great political reform, which stern necessity is forcing upon 
us. 

This book is, as its title indicates, particularly devoted to the 
great municipal interest of society. It appears before the public 
under similar circumstances which called forth the Federalist, then 
working for the abrogation of the unsatisfactory articles of con- 
federation and the adoption of the present excellent federal con- 
stitution. 

The municipalist advocates the alteration of the present con- 
stitution of the state of New York, and its replacement by one 
more suitable to the urgency of the times. 

Before we conclude these prefacial lines we owe to the ladies 
a few words of apology, for having so often in our letters invited 
them to listen to our political discussions. "We belong to those 
who are convinced that the career of a republic is of a doubtful 
duration if the whole population is not penetrated with a suffi- 
cient knowledge of its public affairs, to prevent them from coming 

1* 



10 PREFACE. 

under the exclusive possession of a favored few or control of 
mere party politicians. In regard to the importance of this 
knowledge there is no difference between the sexes, for women 
have, if not more, as much interest in the well-being of families, 
promoted by good government, as men. 

We possess excellent constitutional commentaries for students 
and professionists, but none, to our knowledge, which is calculated 
to promote an easy understanding of that what is called all over 
the world public or political business. Our book, certainly, is no 
novel, no flashy literary product, but a novelty, as the reader, 
acquainted with this kind of literature, will find out. It spreads 
notions and light over that material upon which the security 
and happiness of home and society everywhere are built. Such 
a book would not answer its purpose if it should not meet the 
favor of mothers and daughters as well as of fathers and sons. 

We hope, therefore, not to be considered intruding, if we desire 
for it a place among the select books of every household. 
Brooklyn, September, 1858. 



INDEX TO SUBJECTS, 



PART I. 

Letters on the Federal Constitution page 25 

General Washington's Letter presenting the Constitution. 136 

A Letter on Committees 138 

A Letter on Business 140 

A Letter on Election Impulses 158 

Declaration op Independence . 161 

General Washington's Circular Letter 166 

General Washington's Farewell Orders 170 

General Washington's Farewell Address 1 73 

The Prince, by Macchiavelli 191 

♦ 

PART II. 

Letters on the Constitution of the State of New York... 203 

A Letter on the Judiciary 251 

A Letter on Penal Colonies 289 

A Letter on Large Cities and the Constitution of Mary- 
land 294 






CONTENTS 



PART. L— THE NATIONAL GOVERNMENT. 



LETTER I. 

Introduction. — Causes of the Letters. — Little Appreciation of the Federal 
Constitution. — The Church a Comforter, but no Governor. — Restoration 
of the Authority of Law. — Influence of Woman. — Resistance against the 
Execution of Laws. — Vigilance Committees. — Ten-Thousand-Dollar Sub- 
scription for Rebellion in Kansas. — Ancient Rome. — Dangers to the 
Constitution and Union. — Articles of Confederation of 1777. — New Con- 
stitution for a Society of European Descendants, Africans, and Indians. — 
The Object, Union and an independent, powerful National Government, 
excluding all Municipal Affairs, Bond Labor included. — The Contents in 
Seven Articles page 25 

LETTER II. 

The Constitution. — Its Reading. — Preamble. — Short History of the Coun- 
try. — The Revolution. — Necessity of a National Government. — Greeks, 
Romans, Germans, Italians. — United States of America, — Family, Tribe. 
— Constitution of the People, and not of the States. — Object of the Con- 
stitution. — National, municipal, free, non-political or private Affairs. — 
Justice. — St. Paul's First Letter to Timothy. — Common Defence. — 
Subjection. — Licentiousness 28 

LETTER III. 

Congress. — Works in three Channels. — Legislature. — Grants. — Repub- 
lics. — Monarchies. — Government preservative, not progressive. — Scar- 
city of Solons. — Senate and House of Representatives. — Two-Chamber 
System. — Qualification of Members of the House of Representative?. — 
Voting and electing, a Right of Families. — Congress biennial. — Qualifica- 
tion, twenty-five Years of Age. — Negroes, their counting. — Number of 
Representatives. — Census. — Large Legislative Bodies. — Vacancies filled 
by the State Executive Action. — Speaker. — Impeachment. — Importance 
of the House of Representatives. — Ladies. — Decorum 32 



14 CONTENTS. 

LETTER IV. 

Senate. — Organization. — Each Senator has one Vote. — No Right of the 
State to instruct them. — Election by the States. — One third of the Sen- 
ators to be chosen every second Year. — Temporary Appointments. — Age 
of thirty Years. — Vice-President, President of the Senate. — Impeach- 
ment. — Election. — Annual' Sessions of Congress, and the Parliament in 
Great Britain. — Difference between Congress and the House of Parlia- 
ment in Great Britain. — Senate an executive Council. — British private 
Council • 39 

LETTER V. 

Election Returns. — Quorum. — Order of Sessions. — Rules of Proceedings. 
— Decorum. — Expelling of Disorderly Members. — Journal. — Yeas and 
Nays. — Factitious Legislation should be Resented. — Adjournment. — 
Compensation. — Privileged from Arrest. — No Questioning for any 
Speech. — Speeches for Party Purposes. — Members of Congress ex- 
cluded from Offices. — Exalted Mission of Congress. — Influence of La- 
dies 42 

LETTER VI. 

Bills of Revenue in both Houses. — British Imitation. — Veto. — All Presi- 
dents have used it. — Its Advantages in Regard to Factitious Legislation. — 
Repassing Bills. — Punishment of Unconstitutional Legislation. — Two- 
third Vote. — Parties. — How to get an Office. — Electors. — Political 
Brokers. — Strict Morality in obtaining Offices nowhere. — How they are 
bestowed in Monarchies and Republics. — Faction, its Danger. — Aboli- 
tionists a Faction. — Custom in England that Ministers resign when de- 
feated in Parliament, to be imitated in the United States 45 

LETTER VLT. 

Congressional Business or Powers. — Political Institutions. — United States, 
States, Counties, Towns, Cities, Villages. — Conflicts between them. — 
Supreme Court the Arbiter. — Kansas Troubles. — Direct and Indirect 
Taxation. — Paying Debts. — Estimates. — Tariffs. — Direct Taxation un- 
popular. — Protective and Prohibitive Tariffs 51 

LETTER VIII. 

Contracting Debts. — States to pay as they go. — Regulation of Commerce 
at Heme and Abroad. — Law of Mutuality. — The Self-preservation of 
Nations " 53 

LETTER IX. 

Naturalization and Bankruptcy Laws. — Foreigners. — Declaration of In- 
tention to become a Citizen. — Congress, and State-citizenship Laws. — 



CONTENTS. 15 

Family Suffrage. — American Woman's Influence. — Credit. — Congress 
not true to their duty. — Legislation of the several States on Bankruptcy 
Suppletive. — France. — Germany. — President Buchanan's Message on 
a Congressional Bankruptcy Law. — Congressional Committee report 
against it. — Denies the Power of Congress 56 

LETTER X. 

Coining Money. — Its Value. — Standard of Weights and Measures. — 
Mints. — Assay Offices. — Decimal Coinage. — Counterfeiting. — Punish- 
ment. — Post-Offices. — Post-Roads. — Roman Custom. — Mail Lines. — 
Competition. — Internal Improvement Policy 59 

LETTER XL 

Sciences and Useful Arts. — Copyright. — Patents. — Progress of Science. — 
Ripening of the Understanding. — Locke. — Smithson. — His Legacy 
Anti American. — Political Patronage of Arts and Sciences in Europe. — 
Goethe. — Fourierism 61 

LETTER XII. 

Inferior Courts. — United States District Courts. — Piracies. — Felonies. — 
Law of Nations. — Ocean Police. — Branches of the Ocean. — English 
Law curiosity. — War. — Letters of Marque and Reprisal. — Captures on 
Land and Water. — Justice the end of Wars. — Court of Nations. — Ju- 
risdiction of Congress. — War defensive or aggressive. — Property of Neu- 
trals 64 

LETTER XIII. 

Armies. — Appropriation of Money for them Biennial. — The United States 
disliked by Monarchs. — Necessity of Protection. — Navy. — Not exactly 
needed for the Protection of Commerce. — The Hanse Towns without a 
Navy. — Land and Naval Forces. — Militia. — Crimean War. — Serf Sol- 
diers. — Discipline. — Training of the Militia. — Equal confidence in Con- 
gress as in State Governments. — Christian brotherly Love. — Priests.. .67 

LETTER XIV. 

District of Columbia. — Exclusive Legislation over it and Forts, Magazines, 
Arsenals, Dock-yards. — Paris. — German Diet in a Free City. — Legis- 
lative Powers concerning all National Business. — Sophists and Cavil- 
lers 70 

LETTER XV. 

Interpretation of the Grant. — Congress, the Agent of the People, who re- 
main the Proprietors. — Rights of Self-government. — National Bank. — 
Precedents. — Shoemaking-in Time of War. — Expediency. — National 
Banks in England, France, Russia, Austria, Prussia. — Public Debts. — 
Washington. — Jackson. — Good Temper in Public Affairs. — Pulpit. — 
Ladies 71 



16 CONTENTS. 

LETTEE XVI. 

Migration and Importation of Persons. — Importation of Slaves declared 
Piracy. — Slave Labor, disposing of, in the States. — Habeas Corpus. — 
Rebellion. — Invasion. — Middle Ages. — Rogues. — Charles I. — Attain- 
der and " Ex-Post-Facto" Bills. — Habeas Pursam 74 

LETTER XVII. 

Negative Provisoes. — Capitation Tax. — Free Commerce and Navigation 
between States. — Appropriation Laws. — Title of Nobility. — Presents 
to Officials from Foreign Princes 76 

LETTER XVIII. 

Checks upon State Legislation in regard to Treaties. — Alliance. — Money 
of Metal and Paper. — Attainder. — Ex-post-facto Laws. — Contracts. — 
Nobility. — English Banking. — State Banks. — Merchants make their own 
Paper Money. — Clearinghouses. — Political Defaulters. — Homes, where 
best. 78 

- LETTER XIX. 

Honesty. — Checks upon State Legislation in regard to Imports, Duties, 
Exports (under control of Congress), Tonnage, Soldiers, Navy, Treaties, 
War. — German National Congress at Frankfort. — Greek Confedera- 
tions. — United States and States separate Business Concerns. — Wicked 
Men. — Well-informed Women 79 

LETTER XX. 

Executive. — President. — Vice-President. — Their Election. — Term of 
Four Years. — No Titles. — Santa Anna. — Vulgar Political Papers. — 
Respect of Public Officers. — English Grumbling. — Second Term. — 
Swiss Presidential Election 82 

LETTER XXI. 
Electors. — How Chosen. — Qualification of Presidential Candidates 84 

LETTER XXII. 

Presidents advanced in Age. — Mrs. Phelps. — Mrs. Strickland. — Mrs. 
Willard. — Mrs. Howe. — Mrs. Hale. — Presidential Vacancy. — Acting 
President. — Non-election. — Salary. — Honesty of the American Presi- 
dents. — Oath. — Spirit of Urbanity 86 

LETTER XXIII. 

Presidential Functions. — Commander-in-chief of the Army and Navy and 
Militia. — Opinions of the Heads of the Departments. — Reprieves.— 
Pardons. — The Union a Government, no League. — Prompt Protection 
analogous to Police. — State Governors Commanders-in-chief. — Treaties. 



CONTENTS. 17 

— Consent of two-thirds of the Senate. — Jefferson. — Hamilton. — Re- 
moval from Office. — Treaty with France. — French and English Alli- 
ance. — Slave Treaty. — Vacancies 88 

LETTER XXIV. 

Messages. — Ambassadors. — Commissions. — Chateaubriand. — Impeach- 
ment of President, Vice-President, and other Officers, for Treason, Bribery, 
or other high Crimes and Misdemeanors. — Pensions 92 

LETTER XXV. 

Officers, their desire to earn Money like the rest. — Parties kept together by 
monied Interest. — Majority in Elections. — Right to the Spoils. — Oppo- 
sition to the Party in Power. — Court Favor in Monarchies. — Election Ex- 
penses. — Difficulties in filling Offices. — Catherine de Medicis. — Chancel- 
lor Hopital. — Selling of Offices. — Swiss sell Offices. — Self-government 
curtails Offices. — Paul. — Parties outside the Constitution. — Platforms. — 
Logrolling. — Party should cease in Congress when sworn in. — Presiden- 
tial Patronage. — Political Martyrs a Nuisance. — Factitious Speaking. — 
Demagogues. — American Women. — Benjamin Franklin. — Office-seek- 
ing 94 

LETTER XXVI. 

Judiciary. — Supreme Court. — Inferior Courts. — Salaries. — Appointed 
during Good Behavior. — Judiciary a Product of State. — Elective Judges 
inclining to favor Mobism. — Public Morals under an Elective Judiciary. 96 

LETTER XXVII. 

National Judicial Business. — Court of Claims. — Checks upon State Wars . 98 

LETTER XXVIII. 

National original Jurisdiction. — Appellate Jurisdiction. — Sovereign Scru- 
ples. — Jurisdiction makes no Subjects. — Jury Trial of Crimes. — Place of 
Trial. — Abolitionists. — Magna Charta. — Runneymede 101 

LETTER XXIX. 

Treason, no Attainder. — Forfeiture. — Kansas. — Utah. — Madness, its fair 
play. — Rebellion. — Vigilance Committees. — Major Andre\ — Washing- 
ton and his Steward. — Justice 103 

LETTER XXX. 

Public Faith. — Natural Rights of Citizens. — Acts. — Records. — States are 
exclusive. — Clanish Nationalities. — Union Sentiments. — Privileges and 
Immunities Mutual. — Missouri Compromise. — Fugitives from Justice, 
their Extradition. — Treaties. — Mutual Control shared by the Women. — 
Sharpe's Rifles. — Slip-shod Sermons 105 



18 CONTENTS. 

LETTER XXXI. 

Man given to Lying. — Imperfect Laws. — Force opposed to Law. — Fugi- 
tives from Service and Labor, their Extradition. — Apprentices. — Sailors. 

— Bound Laborers. — Claim upon them for Outlay, to be respected and 
protected by all Civil Governments. — Property-right to Labor-forces. — 
Its Market Price. — Property -right of Parents to the Use of the Labor- 
forces of their Children. — Bound Labor is Personal, Serfdom is Glebose. 
Abolition Agitation is Glebose. — Englishmen and Russians are Glebose. — 
Territorial Feudal Rights. — Free Labor-force, increased by Migration. 

— Gradually extending South. — Seigneurs. — Manor-born Subjects. — 
Labor in Spain and Portugal and the Southern States. — Jamaica. — Few 
real Free Men. — Immense Number of Laws. — Europeans are Subjects 
or Matter. — Captain Ingraham. — Austrian Emperor. — English King in 
the War of 1812. — English Abolitionism explained. — American Society 
Africanized by Abolition of Slavery. — Duke of Southerland. — Property 
in Man. — Men of Property. — Loafers. — Hereditary Governments. — 
France. — Subordinate Races. — Difference between Monarchies and Re- 
publics. — Industry of the Southern People. — Savage Men, their Training 
by Industry. — Manumission of Bound Laborers. — Serfs sold with Prop- 
erty, and belong to it. — Judge Loring. — Travelling with Bound Servants. 

— Africa no Place for Culturing their Savage Inhabitants. — Not improved 
by the Greeks and Romans. — Frenchmen. — Bound Labor is under Mu- 
nicipal Government. — A Bound Laborer is no Citizen. — Territories.— 
Missouri Line. — District of Columbia. — Fanaticism in Law-making. — 
Party Press. — Boston Journal in favor of Constitutional Monarchy. — 
Canadian Paper prognosticating the end of the Union. — Nobility after 
Abolition of Bound Labor. — King Bomba, Emperors of France, and 
Austria, and Hayti. — Boston Notions. — American Women 108 

LETTER XXXII. 

Annexation of Texas. — Portentous in regard to the Union. — New States. — 
Their Admission into the Union. — Territory. — Land Surveying. — Indian 
Territory. — Indian Agents. — Indemnification. — Selling of Land. — Cul- 
ture of Indians impossible in their own Country.— ^Acquisition of Foreign 
Country. — Florida. — Louisiana. — Mexico. — Division of States. — Over- 
grown Municipal States, as New York, Ohio, Pennsylvania. — Mutual 
Control and Power of Self-government lost therein.— France. — Monar- 
chies with blended National and Municipal Business. — Increase of Free 
States compared with that of Slave States 118 

LETTER XXXIII. 

Territories. — Their Disposal and Regulation. — Three Periods. — Indian 
Policy. — Territorial Policy. — State Policy. — Kansas Nebraska Act. — 
Missouri Compromise not Constitutional. — Dred Scott Case 122 

LETTER XXXIV. 

Guaranty of a Republican Form of Government. — Protection against In- 
vasion and Domestic Violence. — Switzerland. — Hanse Republics.— 



CONTENTS. 19 

Monarchs. — Greeks. — King Philip. — Amphyctionic Congress. — Euro- 
pean Opinion of the American Political System. — Rev. T. S. Hughes's 
Opinion. — Dangers of our Republic to the whole World 126 

LETTER XXXV. 

Amending the Constitution. — Check upon large States. — Public Debts. — 
Supreme Law of the Land. — Higher Law Reveries. — Religious and 
Moral Precepts. — Channing. — Philosophical Opinions and Truths, no 
Law. — Sharpe's Rifles 128 

LETTER XXXVI. 

Official Oath. — Religious Test abolished. — Party. — Unconstitutional Plat- 
forms. — Sliding Constitutions or Platforms. — Perjury. — Chaplains. — 
Object of Religion. — Separation of Religion from the State. — E Pluribus 
Unum. — Norvus Ordo Seculorum — Religious Intolerance. — Ratification 
by a Majority of the States. — No Preference of, or Difference between, 
the Old and New States 130 

LETTER XXXVII. 

Exceptions and Mob Commotions against the Constitution. — Bill of Rights. 

— Amendments. — Religious Establishment. — Freedom of Speech and of 
the Press. — Assembling. — Petition.— Great Britain. — Municipal Le- 
gislation. — Ri<rht to bear Arms. — European Legislation. — Municipal. — 
District of Columbia. — Quartering of Soldiers in Time of Peace. — 
Unreasonable Searches in Houses. — Grand jury Indictment. — Double 
Trials — Process of Law. — Private Property for Public Use. — Muni- 
cipal Legislation. — Speedy Public Trial by Jury. — Witnesses. — Coun- 
sel. — Trial by Jury in $20 Cases. — Blackstone. — Excessive Bail. — 
Enumeration of Certain Rights. — Powers reserved to the States. — Ex- 
tension of the Judicial Power. — Electors. — Presidents compared with 
Crowned Heads. — Executive. — Judiciary compared with the Legislative 
Branch. — Stability of the Federal Constitution 132 

LETTER XXXVIII. 

Washington's Letter to Congress with the Constitution. — Duties of Con- 
federated States and Individuals. — Consolidation of the Union. — Spirit 
of Amity and Mutual Deference. — Marriage. — No Industry secure with- 
out the Political Organization of Society 136 

LETTER XXXIX. 

Committees. — Appointed in the House by the Speaker, in the Senate by 
Ballot. — The Committee of Ways and Means. — Standing Committees. 

— Select Committees. — Committee of the Whole — Three times Read- 
ing of Bills. — Massachusetts. — Twenty-nine Standing Committees. — 
Accusations of Fraud, Corruption, Bribery. — Judiciary. — English Cus- 
tom 138 



20 CONTENTS. 

LETTER XL. 

Knowledge. — Commerce. — Money. — Cotton. — Business is King. — Politi- 
cal Business. — Politicians. — Statesmen. — Genuine and Bogus Politics. — 
Commander Maury's Letters. — Dead Sea. — Telescopes. — Camels. — 
Whales. — Patents. — Patriotism. — Hard Times. — High Salaries. — 
Scarcity of Talent. — Consolidating Cities. — Political and Private, or 
Free Non-political Business. — What it is. — French Emperor. — Pennsyl- 
vania selling State Works. — General Welfare. — Canals. — Competition. 

— Railroads. — Public Debts. — National Political Business. — Congress. 

— Representative System. — Municipal Political Business. — State Legis- 
lature. — Executive. — Judiciary. — Organizer. — Subdivisions. — Coun- 
ties. — Towns. — Representative. — Counties. — Political County Busi- 
ness. — Legislative. — Executive. — Judicial. — Overseer. — Supervisor. — 
County Court. — Representative. — Townships. — Political Town Busi- 
ness. — Threefold. — Mayor. — Aldermen or Selectmen. — Democratic 
Representative. — Working Districts. — State Failure. — Self-taxation. — 
Hamburg. — Cities. — Villages. — Size of States, Counties, Towns. — 
Philadelphia. — New York. — Centralization. — Mutual Control. — Euro- 
pean Large Places. — Monarchy. — Its Philosophy and Substance. — Japa- 
nese Cities. — Commodore Perry's Report. — Hakodadi. — Political Arith- 
metic and Geometry. — Measure for Private Affairs. — Crisis. — Crash 
of the Largest Business Concerns. — Size of State Confederations. — 
Congress meddling with Non-political and Municipal Local Business. 

— American Ladies. — Character of Free Non-political Business. — 
Science, Arts, Culture, Religion, Commerce. — Society Progressive. — 
States Protective. — Monroe Doctrine. — Licenses. — Liberty of Industry 
in China, Japan, European States. — Publius. — Cantons in Switzerland. 

— Republics, when consolidated Monarchy. — Great Britain consolidated 
England, Ireland, Scotland, Wales. — Mr. DTsraeli. — Napoleon III. — 
Missouri Compromise. — Division of States. — Stability of Govern- 
ment 140 

LETTER XLI. 

Election Impulses. — Social Movements organized in the United States, 
Health producing. — Sociil Movements in Europe destructive. — Famine, 
Gold, Conquest, Religion, Liberty. — Main Social-Impulses. — Liberty- 
Impulse of the Republican Party. — American Party acting unimpulsive. 

— Dear Union-Impulse of the Democratic Party 158 

LETTER XLII. 

Declaration of Independence. — Defining of the Position of the Young Na- 
tion. — Explanation of the Sentence, " that all men are born equal." — 
Jefferson's Letter explaining it 161 

LETTER XLIII. 

Federalist. — Hamilton. — Monroe. — Jay. — Washington's Circular Letter 
to the Governors of the several States. — Articles of Confederation a loose 



CONTENTS. 21 

Wickerwork. — Enviable National and Political Condition of the Citizens 
► of America. — Civilization. — A Compact Indissoluble Union, a Sacred 
Regard to Public Justice, a Proper Peace Establishment, a Good Friendly 
Mutual Feeling among the People, the Four Essential Things to the Weil- 
Being, Existence, and Independent Power of the United States. — Liberty 
is the Basis of the Whole. — Crisis, Political and Monetary v 166 

LETTER XLIV. 

Defenders of the Country. — Popularity. — Citizen-soldier. — Standing- Ar- 
my-Soldier. — Washington. — Frederick. — Napoleon. — Conquest. — 
Vain-glory. — Universal Peace. — Dualistic Nature of Man. — Farewell 
Orders to the Armies by Washington. — Review of the Past Struggle. — 
Conduct for the Future 170 

LETTER XLV. 

Washington elected President. — Organization of the General Government. 

— Retires from the Presidency. — His Farewell Address to the People of 
the United States, Sept. 17, 1796 ( 173 

LETTER XL VI. 

The Prince by Macchiavelli. — Parallel between the Farewell Address and 
the Prince. — Prof. Lieber. — Anti-Macchiavelli by Frederick the Great. 

— The Barbarians in Italy. — Difference between the American and Euro- 
pean State-systems. — Legitimacy. — Congress of Vienna 191 



PART. II— MUNICIPAL GOVERNMENT. 



LETTER I. 

Object of a State Constitution. — Introduction to the Constitution of the 
State of New York. — Preamble. — Union-Slighting 203 

LETTER II. 

Bill of Rights. — Peers. — Jury. — Disagreeing. — Acquittals. — Liberty of 
Conscience and Worship. — Habeas Corpus. — Injunctions. — Bail. — 
Grand Jury. — Protection of Private Property. — Pauperism. — Char- 
ity 206 

LETTER in. 

Compensation for Private Property when taken for Public Use. — Roads. — 
Liberty of the Press. — Libels. — Assembling and Petition Right. — 
Divorce. — Lottery.r— Escheats. — Feudal Tenures. — Allodiums. — Leases 
of Land. — Fines. — Quarter - Sales. — Indian Land - Sales. — Common 



22 CONTENTS. 

Law. — Colonial Law. — Koyal British Grants. — Property Laws. — 
American Common Law. — Rights of Self-Government. — Prohibition* 
of Foreign Laws. — The Church Poor-LaAvs. — State Scholars 213 

LETTER IV. 

Elective Franchise. — Restrictions. — Citizenship. — Ballot. — Family voting 
right. — Woman. — Connecticut. — Christianity. — Polygamy. — Utah. — 
Kansas Scandals 219 

LETTER V. 

Legislature. — Senate. — Districts. — Census. — Apportionment. — Assem- 
bly Districts. — Compensation. — Civil Appointment. — Congressional Of- 
ficers. — Election Time. — Quorum. — Journal. — Originating of Bills.-— 
Enacting Clause. — Majority. — Private Bills. — Legislative Powers of the 
Supervisors. — County Election District. — Family Census. — France. — 
Connecticut. — Aristotle. — Greeks 223 

LETTER VI. 

Executive. — Governor's Duties. — Legislative Committees. — Lieutenant- 
Governor. — Eligibility. — Commander-in-Chief. — Messages. — Salary. — 
Navy. — Army. — Execution of Laws. — President of the Senate. — Re- 
prieves. — Pardon. — Impeachment. — Veto 232 

LETTER VII. 

Administrative. — Secretary of State. — Comptroller. — Treasurer. — At- 
torney-General. — Election. — Salary. — English Circumlocution. — Proper 
Administrators. — American System. — Representative and Non-Repre- 
sentative Officers. — State Engineer. — Surveyor. — Canal Commissioners. 
— State-Prison Inspectors. — Land Office. — Canal Fund. — Local In- 
spectors '• 238 

LETTER VIII. 
Judiciary. — Impeaching. — Court of Appeals. — Supreme Court. — Judi- 
cial Districts. — Salary. — Election. — Testimony. — Removing. — Vacan- 
cies. — Modes of appointing Judges 243 

LETTER IX. 

County Judge. — "Webster. — Surrogate. — Local Officers. — Inferior Courts. 

Justices of the Peace. — Clerks. — Files to be sent into the Court of 

Appeals. — Publication of Statutes. — Code of Procedure. — Tribunals 
of Conciliation. — Revising Laws. — Systems of Judiciary 246 

LETTER X. 

Remarks on the Organization of the Judiciary in States, Counties, and Towns 
in general. — English Judiciary. — Bad Legislation. — Daniel O'Connell. 



CONTENTS. 23 

— Aula Regis. — Reform by the Federal Constitution. — District, Circuit, 
and Supreme Courts. — Municipal Judicial Business, Civil or Criminal. — 
Its Distribution among Towns, Counties, and States. — Abolition of the 
present Single Judicial Offices. — Reasons for it. — Webster. — Moses. — 
Solon. — Justinian. — Napoleon I. — Frederick II. — Joseph II. — Russell. 

— Thompson. — Brady. — Law 251 

LETTER XL 

Finance. — Revenues of the State Canals. — Sinking Fund. — General Fund 
Debt. — State Stock Loaned to Incorporated Companies. — Selling 
Canals 256 

LETTER XH. 

Salt Springs. — Appropriation Laws. — State Credit. — Borrowing Money. 

— Invasion. — Debt Laws. — Voting upon 260 

LETTER XIII. 
Taxes. — Voting on Debt and Tax Laws 262 

LETTER XIV. - 

Corporations. — General Law. — Banking Corporations. — Suspension of 
Payment. — Registry of Bills. — Paper Money. — Insolvent Banks. — 
Boards. — Conflict of State Laws, and the Federal Constitution, respecting 
Banks of Issue. — Paper and Metallic Money. — Credit System. — Agri- 
culture. — Hunt's Merchants' Magazine 263 

LETTER XV. 

Cities. — Villages. — History. — Superceded by a Judicious Organization of 
Towns and Counties. — Saving of Taxes 270 

LETTER XVI. 

Education. — Funds. — Instruction. — Communes. — Girard. — Peabody. — 
Cooper. — Popular Education. — Popular Sovereignty 272 

LETTER XVII. 

Local Officers. — Sheriffs' Clerks. — County, City, Town, and Village Offi- 
cers. — Their Election. — Vacancies. — Political Year. — Removal. — 
Vacant Offices. — Metropolitan Police Law 276 

LETTER XVIII. 

Militia. — Religious Denominations. — Higher Law. — Appointment of offi- 
cers. — Major-Generals. — Commissary-General. — Commission 279 

LETTER XIX 
Oaths. — Test. — Abuse of Oaths. — Literal Interpretation. — Scandal in 
Courts , ; 281 



24 CONTENTS. 

LETTER XX. 

Amendments, — Miscellaneous. — Election Results in Regard to Migration. — 
Governor Hammond's Speech. — Bound and Free Labor. — Vox Populi. 

— Franklin 284 

LETTER XXI. 

Prisons. — Penal Colonies on the Western Plains, in the Rocky Mountains. 
— Police. — Prison Associations. — Missionary Societies. — Bible 289 

LETTER XXII. 

Large Cities. — Baltimore, Maryland. — Political History. — The People 
One Assembly. — First Constitution, 1650. — Extract. — Voting. — Slav- 
ery. — Abolition. — Divided Legislature. — Trouble. — Revolution. — Con- 
stitution of 1776. — Amended. — Judiciary Appointed. — Constitution of 
1851. — Elective Judiciary. — Executive elected by Districts. — City and 
Country Jealousy. — Cities Republics of the Middle Age. — Feuds with 
the Country Nobility. — Free Cities of Germany. — Switzerland. — Large 
American Cities. — Their Separation from the Country. — More such 
Separations. — Apathy and Disgust with the City Affairs. — New Orleans. 

— Baltimore Vote on the Amending the Constitution. — Hanse Towns. — 
Crimes of English Law. — Macaulay. — Atlantic Telegraph States 294 

LETTER XXIII. 

Morals. — Virtues and Vices. — Material of History, Arts, Novels, Dramas, 
Tragedies. — Washington. — Citizen Government. — Military Govern- 
ment. — Priest Government. — Mexico. — The Canadas. — British North- 
west Territory. — The Lord's Prayer. — Conclusion 300 



(* 'IMS. pov3*« 



PART FIRST. 

THE NATIONAL GOVERNMENT. 



LETTER I. 



Introduction. — 0;iu-es of the Letters. — Little Appreciation of the Federal 
Constitution. — The Church ;i Comforter, l>tit no Governor. — Restoration 
of the Authority of Law. — Influence of Woman. — Resistance against the 
Execution of Laws. — Vigilance Committees. — Ten-Thousand-Dollar Sub- 
scription for Rebellion in Kansas. — Ancient Rome. — Dangers to the 
Constitution and Union. — Articles of Confederation of 1777. — New Con- 
stitution for a Society of European Descendants, Africans, and Indians. — 
The Object, Union and an independent, powerful National Government, 
excluding all Municipal Affairs, Bond Labor included. — The Contents in 
Seven Articles. 

My Dear Children: I have often thought of writing for 
you. and perhaps others too, a kind of common-sense commentary 
on the federal constitution: and why? Because I have too 
many proofs that this organic law is not so well known and appre- 
ciated as it deserves. In a conversation I once had with one of 
our most patriotic men and writers, on the state of our turbulent, 
growing public affairs, he said, "Nothing can save us but the 
church." I have often inquired, in houses stocked with books, 
for a copy of the federal constitution, but in vain ; there was 
none. This justifies what I said. If the church is our help, 
why set up a constitution at all? Why organize a state or Con- 
gress ? Is not the church older than our Union ? Why has 
the church never checked political corruption ? What society is 

2 



26 THE NATIONAL GOVERNMENT. 

losing by the bad administration of the law?, and excesses of par- 
ties and factions, no church, Christian or not, can restore, unless 
the church turns state. Religion can comfort men when suffer- 
ing from anarchy ; a Christian preacher may exhort rioters and 
rebels to keep the peace; church organizations may charitably 
lessen misery in civil commotions and war, but the church can 
not do more. It can not re-establish justice or rule, without be- 
coming state or government. An earnest and strong sense of 
justice, strict fidelity to our constitutions, and a faithful, manly 
execution of the laws — in one word, the restoration of the sunken 
authority of the laws alone — can save our commonwealth. We 
still have, for this purpose, patriotism, virtue, and honesty enough, 
in the country. It only wants to be brought, into activity. 

I wish, besides, to make the powerful social influence of woman 
available. When this influence upon society in general is regu- 
lating, moderating, pacifying, and ennobling, why should woman 
not exert a similar influence upon the public social affairs? This 
is impossible without a clear understanding of the objects, prin- 
ciples, and provis-ions, of our supreme law of the land, the federal 
constitution. To make it as plain as household words is the aim 
of these letters — which, however, have been written with due 
regard to the constructions of the various departments of the gov- 
ernment, and the academical and juridical commentaries. I have 
consulted the best, and even maintained their own words in some 
instances ; so you may be assured that I give you the constitution 
and nothing but the constitution. Its general, thorough under- 
standing, in our time, where it is so often misrepresented, and 
even openly opposed by men of talents and learning, is most desi- 
rable. All public affairs directly concern families, and hence the 
private interests of families must necessarily suffer fiom bad 
governing. 

Look out what course the ship of state is taking! In the East, 
men of parts are outraging, by their public speeches and behavior, 
all sense of justice and propriety, and openly give their support to 
resistance against the officers of the United States, so that the 
troops have been ordered for their protection. This is the begin- 
ning of the end of civil government. In the West, vigilance com- 
mittees act as courts. Wealthy men subscribe ten thousand dollars 
for rebellion, and associations furnish partisan voters and fighters 



INTRODUCTION. 27 

for newly-settled territories. Powerful ancient Rome fell when 
single citizens were rich enough to keep armies of their own, to 
fight out their ambitious schemes. Our ten-thousand-dollar men 
and associations are in the same manner undermining the stability 
of our republic. 

That this happens is not the fault of our institutions, or of the 
federal constitution, but the effect of error and ignorance about it. 
This constitution is the work of the best men America has pro- 
duced ; it is the true native glory of our country, unsurpassed by 
any products of indigenous art and skill, however useful and ex- 
cellent in their way. This constitution has created our Union, the 
parent of our immense commerce and gigantic industrial and social 
progress. Our existence as a nation may be jeoparded by a few 
errors about the meaning of our constitution, if taken hold of by 
fanatics, parties, and factions. I shall dwell upon such errors, and 
try to make them harmless by exposing the plain truth, and shall 
therefore be as practical as possible. 

The. convention elected by the thirteen states, in 1787, for the 
purpose of projecting a new constitution for the United States, 
existing as such under the celebrated articles of confederation of 
November, 1777, had, for its material, a most peculiar society, 
composed of European descendants, Africans, and American In- 
dians. The first were the ruling race, open to increase by immi- 
gration ; the second were domesticated as slaves, a few of whom 
were then manumitted, open to increase by birth and slave impor- 
tation ; the third were living in tribes, with chiefs, under the sur- 
veillance tind jurisdiction of the first, open to increase by territo- 
rial acquisition. The convention had no power to alter this mate- 
rial or the elements of society. Its only duty was to set up an 
organic law by which the whole would form a more compact union, 
represented by a more independent and powerful central govern- 
ment than that established by the just-mentioned articles of con- 
federation. 

This body, therefore, had no power to make provisions for gen- 
eral reforms, municipal affairs, civil and criminal or police laws, 
bills of rights, voting, religious, educational, scientific subjects, etc. 
It had nothing to do with domestic affairs, concerning labor and 
service for time or life. Those who say that the federal constitu- 
tion, the product of this convention, has established bond labor 



28 THE NATIONAL GOVERNMENT. 

or slavery, or is maintaining it, mistake it entirely, as will become 
more evident later. 

The great fundamental law is exceedingly simple^ plain, and 
short, and contains seven articles, with the following heads : — 

Article I. — Of the Legislature. 

Article II. — Of the Executive. 

Article III. — Of the Judiciary. 

Article IV. — Miscellaneous (relating to the validity of pub- 
lic acts and records, the equal rights of citizenship, the treatment 
of fugitives from justice and service, admission of new states, ad- 
ministration of the territory, the guaranty of a republican form of 
government). 

Article V. — Of Amendments. 

Article VI. — Miscellaneous (relating to public faith and 
justice in regard to the war-debts, etc. ; declaring the constitution 
the supreme law of the land ; to the general oath or affirmation 
of all public officers, and members of Congress and legislatures ; 
the abolishing of the religious test). 

Article VII. — Of the Ratification. 

Of which more in my following letters. 



LETTER II. 



The Constitution. — Its Reading. — Preamble. — Short History of the Coun- 
try. — The Revolution. — Necessity of a National Government. — Greeks, 
Romans, Germans, Italians. — United States of America. — Family, Tribe. 
— Constitution of the People, and not of the States. — Object of the Con- 
stitution. — National, municipal, free, non-political or private Affairs. — 
Justice. — St. Paul's First Letter to Timothy. — Common Defence. — 
Insubjcction. — Licentiousness. 

In the following letters I shall converse with you on the federal 
constitution, section by section. Please imagine that you are at- 
tending some lectures on this all-important subject. I hope it will 
not be a tiresome labor for you to make, in this manner, the closer 
acquaintance of a written work, which millions of free and happy 
men are considering as a sacred legacy of George Washington 
and his illustrious compatriots. 



CONSTITUTION OF THE UNITED STATES. 29 

CONSTITUTION OF THE UNITED STATES. 

"Preamble. — TVe, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tranquillity, provide for 
the common defence, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this Consti- 
tution for the United States of America." 

Preambles and prefaces are generally considered unprofitable 
reading, especially by ladies ; but you must make an exception 
with this preface. It closes the epoch in the history of our coun- 
try from 1643 to 1787, which may be termed the time of incuba- 
tion of our present Union. 

After the colonists had opened the path for European culcure 
through the primitive American forests, erected towns where be- 
fore stood wigwams, subdued powerful Indian tribes, and had in 
tho>-e struggles for life and independence acquired the skill of self- 
government, so easily lost in luxury and affluence, they felt the 
necessity of a government of their own, and a union of their colo- 
nial forces. Many attempts were made for this purpose, during 
the period I have indicated, as you know from the history of the 
United States. When the right time came to strike the blow, the 
right men were at the head of the public affairs to secure success. 

As the colonists always managed their municipal affairs them- 
selves, under English governors, the question after the liberation 
was to give a proper form and place to that part of the public 
affairs which belong to a nation, and which were, with the usual 
haughty, lordly spirit of a monarch, withheld by the English 
crown. 

If you throw a glance at the history of the world, you will dis- 
cover that it is this kind of public business which has caused the 
great revolutions and struggles for freedom. The ancient Greeks 
managed their municipal affairs as well as we ours ; but they 
never succeeded, although repeatedly trying it, in organizing the 
national business well. They deserved, on this account, hardly 
the name of a nation, and became therefore an easy prey to their 
monarchical adversaries. The success of the Romans, on the 
other hand, resulted from the -strong consolidation of the national 
affairs in Rome, similar to that of France in Paris. To set this 
business right, the Germans revolted in 1848. The Italians are, 
it is said, at the eve of a revolution for the same purpose. When 



30 THE NATIONAL GOVERNMENT. 

it required, in the North American colonies, almost two hundred 
years to realize a free, independent, stable government, among 
men who were comparatively free, at least in regard to the man- 
agement of their municipal affairs, how doubtful must be such 
revolutions among people who, like the Spaniards or Italians, or 
even the Germans, have been for centuries subject to strong 
monarchical rulers ! 

The colonies had, as early as 1778, adopted the appellation, 
" United States of Amertca." Still the present constitution, 
although framed by a convention composed of delegates chosen by 
the legislatures of the states, was ratified and adopted by the 
people: hence the words, "We the people" — that is, the aggre- 
gate of families, forming society and nations. It makes, indeed, 
but little difference whether this act of the free, independent peo- 
ple is called a sovereign act or not. A nation, as such, is master 
of its destiny. There is no society without a certain rule or 
organization. Cannibals, also, obey their chiefs. The family 
state is the beginning of social organization, and requires it for 
the purposes of support and education. It is, within its domestic 
limits, as independent as a nation within her political boundaries. 

That the people, by their votes, and not by the states, have 
adopted the constitution, is an important fact in regard to the va- 
lidity of the covenant, because on this fact, not the state govern- 
ments, not Congress, but only the people, have to decide. Mind 
that no single state can leave the Union without the permission 
of the whole people or nation. 

The preamble expresses the main objects of the constitution. 
First, a more perfect union. This was, as we have seen, most 
desirable. The new state governments cleaved with the same 
obstinacy to the national business as the English government, from 
the fear that Congress might become too powerful ; from which 
cause sprung up a separate party, the republicans, opposing the 
federalists. This fear is unfounded, if we concede to Congress 
but national political business. You must remember that the 
business managed by states or Congress is called political or pub- 
lic business, which I shall, in a separate letter, endeavor clearly 
to explain. This Union has now been, after much trouble and a 
bloody war, achieved, by adopting the present constitution, which 
gives to Congress the national business, leaving to the states the 



CONSTITUTION OF THE UNITED STATES. 31 

municipal, and to society, or the people at large, the free, non- 
political affairs to manage. 

The declared aim of the constitution is, further, to establish 
justice. This is the supreme and ultimate object of all political 
organizations. St. Paul, as you know from his first letter to 
Timothy, had already said, " The law [or state] is not made for 
the righteous, but for the lawless," etc. This means : if men would 
always act right, there would be, of course, no need of states, Con- 
gress, courts, sheriffs, troops, jails, etc. But this not being the 
case, we have to organize society, in order to establish and realize 
justice, on account of the lawless, and thus insure domestic tran- 
quillity and PROMOTE THE GENE HAL WELFARE. On this aCCOUnt, 

Congress has also to take care for the common defence. It is a 
part and the consequence of the establishment of justice, and its 
execution, at home and with regard to foreign nations. If all this 
is well, done, the blessings of liberty will most certainly be 
secured to ourselves and our posterity; while the reverse, as 
injustice and lawlessness, will sow the seeds of discord, civil com- 
motions, general misery, and despotism. The blessings of liberty 
consist chiefly in being unsubject — that is, in full possession of 
the rights of self-government, so that man is not hindered in 
regard to his industrial pursuits, culture, and management of his 
public affairs. No organic law, that I am acquainted with, pro- 
tects people in this regard better than our federal constitution. 
For such a rational liberty, however, very few men comparatively 
are yet prepared. The majority mistake liberty for licentiousness. 

The men who framed this constitution could hardly have intro- 
duced it by a better preamble. It shows best what a clear and 
practical conception they had of their task. They have erected a 
monument of their wisdom, which, although made for their time, 
and the actual wants of their society, composed of very hetero- 
geneous elements (Americans, Indians, Europeans, and Africans), 
is, notwithstanding, a perfect pattern of an organic law for all 
states and nations, as we shall often have opportunity to notice. 
I promise you that you will admire it the more, the longer you 
live. 

This brings me to the end of my second letter, which I close 
with the wish that it may give you a sharp appetite for the fol- 
io wins:. 



32 THE NATIONAL GOVERNMENT. 



LETTER III. 

Congress. — Works in three Channels. — Legislature. — Grants. — Repub- 
lic. — Monarchies. — Government preservative, not progressive. — Scar- 
city of Solons. — Senate and House of* Representatives. — Two-Chamber 
System. — Qualification of Members of the House of Representatives. — 
Voting and electing, a Right of Families. — Congress biennial. — Qualifica- 
tion, twenty-five Years of Age. — Negroes, their .counting. — Number of 
Representatives. — Census. — Large Legislative Bodies. — Vacancies filled 
by the State Executive Action. — Speaker. — Impeachment. — Importance 
of the House of Representatives. — Ladies. — Decorum. 

We come now to the examination of the institution erected by 
the constitution. It works in three divisions, called the legislative, 
executive, and judiciary, which constitute the political institution 
called United States. A similar fabric is that of a state; also 
the subdivisions of states, viz., counties and towns or townships, 
work by these three channels. Properly speaking, the people, or 
the aggregate of families, form- society, and neither the states nor 
the United States, which are separate institutions set up for the 
benefit of society. But it is in common use to call society after 
the names of the political divisions. You will, however, do well 
to distinguish society from these political institutions, because, if 
your mind is in the habit of doing so, you will readily distinguish 
social rights and affairs, from political, and be able to judge with 
precision on encroachments of governments — especially of the 
legislative branches on individual and social rights, to guaid and 
protect which is the duty of the political institutions. 

ARTICLE I. 

Of the Legislature. 

SECTION I. 

"All legislative powers herein granted shall be vested in a Congress of 
the United States, which shall consist of a senate and house of represent- 
atives.'' 

Mind, now, that every word of the constitution is law. This 
being the case, it was written by its authors with a care and clear- 



THE LEGISLATURE. 33 

ness unsurpassed since by similar productions, which is one of the 
causes why it has required but little or any amending during 
eighty years. Legislative powers mean political business given 
in trust to a legislative body. In the word " granted" is the main 
difference between republics and monarchies. In the latter form 
of government the management of the public affairs is claimed by 
the princes as a property or crown right, coming directly from 
God. Still originally both kinds of governments have only the 
same business to do. 

You will easily perceive that the debating on the laws by two 
distinct houses is calculated to prevent inconsiderate and hasty 
legislation, one of the greatest social calamities. 

The federal government is not intended to be a progressive 
machinery, or to run a race with society, philosophers, and vision- 
aries, but merely to conserve and protect the main object of all 
governments. The progressive element belongs to society and 
individuals, and never to state institutions, as many, especially 
Europeans, think ; their office is to prevent confusion and embar- 
rassments on the grand onward road of humanity. To frame for 
this purpose laws is exceedingly difficult. There have been a 
very few real Solons in the world. There are in our large nation 
not a hundred men fit for legislating. Two legislative chambers 
are considered sufficient to avoid errors in law-making — nothing: 
to say here of the veto-power of the president. We have seen 
that the senate in the Congress of 1856, checked the passage of 
a clause in the army appropriation bill, repeatedly approved by 
the majority of the house, which was an open violation of the 
constitution, and which would have, if passed, annulled the army 
and impeded the execution of the laws in Kansas, and jeoparded 
the public peace there and the existence of the Union. 

There are many men who pretend to be well informed, of the opin- 
ion that a constitution is something like a vane, and open to all kinds 
of interpretation, to suit people, just like the Bible ; but you will not 
hesitate to consider this a mistake. The Bible is in itself no law, but 
a mere book, written and suitable for all moral purposes of life, while 
a constitution is an organizing law, made for a certain district and 
for certain special purposes, and therefore subject to a limited or 
circumscribed definite interpretation. It may be abused, like 
everything, the Bible included, but should not be arbitrarily 

2* 



34 THE NATIONAL CxOVERNMENT. 

interpreted by authority ; for there are certain rules established 
for logical interpretation. These a jurist should know. 

SECTION II. 

"1. The house of representatives shall be composed of memhers chosen 
every second year by the people of the several states ; and the electors in 
each state shall have the qualifications requisite for electors of the most 
numerous branch of the state legislature. " 

Very properly the constitution does not introduce a separate 
form of voting, but leaves the states free to take care of this 
business. But it is desirable that the laws on voting should be in 
harmony with the rights of society. As society is composed of 
families, it is but just that to these onlj r , as the constituents of 
society, belongs the right of voting and electing, or the suffrage 
right. 

The constitution presupposes that common sense, honesty, and 
patriotism, found in all classes of society, may be considered by 
the voters as the principal qualifications of their lawmakers, and 
not property, professional requirements, or caste, as is the case in 
Europe. The future will show whether the liberal, humane 
spirit which pervades this document in this instance, and all others, 
is right or not. No doubt that the voting laws, as I remarked, 
and the salary of the legislators, the. numbers of the members of 
legislatures, and party and faction spirit, have an immense influ- 
ence upon the working of legislatures, and may defeat the best 
constitutions. It is therefore the duty of all good citizens to be 
vigilant and understand the constitution well to prevent its abuse. 
Our Congress is, as you see, biennial ; the British Parliament is 
septennial. This long term favors aristocracy ; the short term, 
democracy. 

" 2. No person shall be a representative who shall not have attained to 
the age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that state in 
which he shall be chosen." 

American society being partly a product of immigration, re- 
quires laws in regard to the political qualifications of immigrants. 
The seven years' citizenship belongs to this kind of legislation. 
Official absence of a citizen does not deprive him of his rights as 
a citizen of the state where he comes from. 

"3. Representatives and direct taxes shall be apportioned among the 



REPRESENTATION. 35 

several states which may he included within this Union, according to their 
respective numbers, which shall be determined by adding to the whole 
number of free persons, including those bound to service for a term of years, 
and excluding Indians not taxed, three fifths of all other persons. The 
actual enumeration shall be made within three years atter the first meeting 
of the Congress of the United States, and within every subsequent term of 
ten years, in such a manner as they shall by law direct. The number of 
representatives shall not exceed one for every thirty thousand, but each state 
shall have at least one representative; and until such enumeration shall be 
made, the state of New Hampshire shall be entitled to choose three; Massa- 
chusetts, eight ; Rhode Island and Providence Plantations, one ; Connecti- 
cut, five; New York, six; New Jersey, four; Pennsylvania, eight; Dela- 
ware, one ; Maryland, six ; Virginia, ten ; North Carolina, five, and Georgia, 
three." 

The representation and taxation ought to be regulated according 
to the inhabitants of the several states, and not according to the 
population of the United States. Those bound to service for a 
number of years, as sailors, etc., ought to be counted. Indians 
not taxed are excluded because they live in tribes, a kind of state. 
The three fifths of all other persons are those bound to service for 
life, or slaves, forming a distinct race not included within the regu- 
lar political organization, like the before-mentioned Indian tribes. 

The words " by adding three fifths of all other persons," are 
wrongly understood by some commentators and the abolition 
party. Their proper meaning, adopted by Congress, is that five 
slaves count as but three persons, while five free negroes in free 
states count as much, viz., five persons. Those free negroes do not 
vote themselves, but in making up the census they count like 
white persons, while in a slave state five negroes pass only as 
three persons. An example will show that this proviso is in favor 
of the free states, and not in favor of the slave states. Suppose 
there are in a free state 
1,000,000 white and free colored persons, 

100,000 servants or persons bound to service for a term of years, 

this gives 

1,100,000 whole number of free persons. 

And in a slave state — 
1,000,000 white and free colored persons, 
100,000 slaves counting only 
60,000 after deducting two fifths, leaving 



940,000 whole number of free persons. 



db THE NATIONAL GOVERNMENT. 

Thus a slave state may lose by this operation one or more 
representatives in Congress. It follows that this clause diminishes 
in the slave states the "whole number" at the rate of two fifths 
in regard to the slave population, compared with the free negroes 
and whites elsewhere. The federal constitution is as liberal as 
possible, and is only illiberally interpreted to please or suit parties. 

When this clause was made by the convention there were more 
inhabitants in the middle and southern states than in the eastern. 
It would not be agreed to at present, because it deprives the slave 
stares of about thirty-five members in Congress. 

The enumeration here mentioned is the business known by the 
name of census. Congress, having nothing to do with municipal 
affairs, has no interest to ascertain, for its own use, more than the 
number of the inhabitants in order to control and regulate their 
representation in Congress. 

Still Congress has assumed the right to inquire every ten years 
for everything people possess. There is no grant for that, and 
wisely not, because it belongs to municipal governments to make 
census for statistical purposes of this kind. It is supposed that a 
statistical state census, by the agency of the well-informed town 
officials, is more reliable than that made in the vast territory of 
the United States by United States marshals, appointed every ten 
years for this purpose at random. You see here how necessary is 
a strict adherence to the words and spirit of the constitution. Its 
framers were exceedingly careful not to interfere with the business 
of states, counties, and towns. At present all states take from 
time to time a census. Congress may be placed in possession of 
the number of the state inhabitants at short notice by telegraph. 
Of course the ratio of representation has been altered at each 
census. The difference between the present time and that of the 
constitution is interesting in regard to the progress of the popula- 
tion of the several states. 

The electoral votes of the United States are at present as 
follows : 



Maine 8 

New Hampshire 5 

Vermont 5 

Massachusetts 13 

Rhode Island 4 

Connecticut 6 



Delaware 3 

Maryland 8 

Virginia 15 

North Carolina 10 

South Carolina 8 

Georgia .".10 



IMPEACHMENT. 37 



New York 35 

New Jersey 7 

Pennsylvania 27 

Otto.. 23 

Indiana 13 

Illinois 11 

Michigan 6 

Iowa 4 

Wisconsin 5 

California 4 



Alabama 9 

Mississippi 7 

Louisiana 6 

Kentucky 12 

Tennessee 12 

Missouri 9 

Arkansas 4 

Florida 3 

Texas 4 



The whole number is 296; 176 in the free states, and 120 in 
the slave states. It shows a great preponderance of some states. 

Large legislative bodies are useless for their proper purpose. 
The proper legislative business of Congress has not increased with 
the population, because it is national, not local. The grants of 
the constitution remain to-day what they were eighty years ago. 
The same wisdom which was required then to make the laws for 
the carrying out of the constitution is sufficient at present for the 
same purpose. The more state governments the less territorial 
Congressional business. It is different with the finance and the 
executive. Upon the administration of the laws the increase of 
population has some influence also in the Union. That our senate 
is a more respectable body than the house is owing to its smaller 
number. We have few fit men to fill our overnumerous legislative 
bodies. The house of representatives would answer better to its 
purpose if composed of the same or only double the number of 
the senate. Large legislative bodies become invariably corrupt 
and turbulent. 

" 4. When vacancies happen in the representation from any state, the exec- 
utive authority thereof shall issue writs of election to till up such vacancies." 

Here also the constitution leaves the care of the elective busi- 
ness to the state governments ; who, acting not in an understand- 
ing with each other, differ in regard to the mode of filling vacan- 
cies. In states where an absolute majority is required for an 
election often much delay is caused. 

" 5. The house of representatives shall choose their speaker, and other 
officers, and shall have the sole power of impeachment." 

Impeaching means accusing for official malversation. You will 
learn later that the senate is the court of impeachment. All offi- 
cers, the president included, being responsible or accountable, there 
must be a court and an impeacher or accuser. In choosing the 



38 THE NATIONAL GOVERNMENT. 

speaker "the absolute majority rule has been adopted, that is, the 
candidate must get the absolute or real and not merely the relative 
majority. — This rule presents no difficulty if there are but two 
candidates. But in the reverse case the election may remain for 
weeks and months doubtful, as we have witnessed several times. 
There should be a remedy for such delay which is merely owing to 
party. The power of impeachment, though rarely effectively used 
is yet an important check upon the judicial and executive officers. 

These few provisions form the basis of the organization of the 
house of representatives of the Congress of the United States, one 
of the most august legislative bodies in the world, not excepting 
the English parliament, because it is the most independent legis- 
lative assembly, whose character and authority is entirely its own 
work. This, according to all appearances, the members of this 
house, alas, too often forget. The sessions being public and the 
debates promptly divulged by the press, the influence of the con- 
duct of their members upon the morals of the people and upon the 
authority of the government at home and abroad must be immense. 

We will still hope that the honest noble zeal with which George 
Washington labored in legislative bodies for society, may serve in 
the future as an example for all representatives. 

Excuse me, my dear children, if I should not treat my subject 
pleasantly enough. But before I conclude this epistle, I can not 
repress the remark that the influence of the ladies upon these as- 
semblies in regard to decorum, may be more effective than the 
most stringent laws, provided they are well informed of the actual 
duties of the legislators. 



THE SENATE. 39 



LETTER IV. 

Senate. — Organization. — Each Senator has one Vote. — No Eight of the 
State to instruct them. — Election by the States. — One third of the Sen- 
ators to be chosen every second Year. — Temporary Appointments. — Age 
of thirty Years. — Vice President, President of the Senate. — Impeach- 
ment. — Election. — Annual Sessions of Congress, and the Parliament in 
Great Britain. — Difference between Congress and the House of Parlia- 
ment in Great Britain. — Senate an executive Council. — British private 
Council. 

We come now to the senate, whose members, from old Roman 
recollections, represent themselves to our mind as a grave and 
awe-inspiring assemblage of Solons. Let us see what the consti- 
tution provides about them. 

SECTION III. 

"1. The senate of the United States shall be composed of two senators 
from each state, chosen by the legislature thereof, for six years, and each sen- 
ator shall have one vote." 

This plainly shows that the senators vote and act as individuals, 
because each has one vote. They have not to vote in the name 
of the state who elects them. Having no peerage, as the English, 
to form a house of lords, this mode of electing a second chamber 
of the national legislature, was adopted as the best. It is even 
against the tenor of this proviso that state governments may in- 
struct the senators how to vote. As the law stands, one may vote 
for or against a measure, as he thinks best. The mode of election 
is again left with the state government ; it is, generally, done by 
joipt ballot of both houses of the state legislature, who serve here 
merely as electors, and not as legislators or instructors as to what 
shall be done in Congress. There is nothing to do by Congress 
except the carrying out of the powers specified by the constitution. 
Petitions and memorials may serve to inform the members of the 
wishes of the citizens. The states, as such, have no influence 
upon the business of Congress, just as the Congress has none upon 
the administration of the states. 

" 2. Immediately after they shall be assembled, in consequence of the first 



40 THE NATIONAL GOVERNMENT. 

election, they shall be divided as equally as may be, into three classes. The 
seats of the senators of the first class, shall be vacated at the expiration of 
the second year, of the second class at the expiration of the fourth year, and 
of the third class at the expiration of the sixth year, so that one third may 
be chosen every second year, and if vacancies happen by resignation or other- 
wise during the recess of the legislature of any state, the executive thereof 
may make temporary appointments until the next meeting of the legislature, 
which shall then fill such vacancies." 

"3 No person shall be a senator who shall not have attained to the age 
of thirty years, and been nine years a citizen of the Unired States, and who 
shall not, when elected, be an inhabitant of that state for which he shall be 
chosen." 

" 4. The vice-president of the United States shall he president of the sen- 
ate, but shall have no vote, unless they be equally divided." 

All tliQge are plain provisions. The vice-president has a cast- 
ing vote, as it is called ; he may become president in case of va- 
cancy. This is the reason why he is elected by the people. 

" 5. The senate shall choose their other officers, and also a president pro- 
tetnpore, in the absence of the vice-president, or when he shall exercise the 
office of president of the United States." 

This also is plain, and it remains a great desideratum that the 
speaker of the house of representatives also should not be entirely 
dependent upon the absolute majority vote. The house has the 
right to make the necessary rules in this regard. 

"6. The senate shall have the sole power to try all impeachments, when 
sitting for that purpose, they shall he on oath or affirmation. When the pres- 
ident of the United States is tried the chief justice shall preside; and no per- 
son shall be convicted without the concurrence of two thirds of the members 
present." 

The president of the supreme court takes the place of the vice- 
president, on account of his right to succeed the president in ease 
of vacancy. 

"7. Judgment in cases of impeachment shall not extend further than re- 
moval from office, and disqualification to hold and enjoy any office of honor, 
trust, or profit, under the United States, but the party convicted shall never- 
theless be liable and subject to indictment, trial, judgment, and punishment, 
according to law." 

This all is plain. 

SECTION IV. 

"1. The times, places, and manner of holding elections for senators and 
representatives shall be prescribed in each state by the legislature thereof; 
but the Congress may, at any time, by law, make or alter such regulations, 
except as to the places of choosing senators." 



TIME OF MEETING. 41 

This elause empowers Congress to control the state govern- 
ments to prevent factitious legislation, interfering with the activity, 
and even existence of Congress. 

"2. The Congress shall assemble at least once in every rear, and such 
meeting shall he on the first Monday in December, unless they shall, by law, 
appoint a different day." 

This clause requires no explanation. 

The framers of the Constitution have, in a certain measure, 
imitated the English parliament, which is also divided into two 
houses, one of the commons, the other of the peers — those are 
created by privilege, the commoners are elected. The great dif- 
ference between this parliament and our Congress is not in names, 
but in business. The English parliament is the national and 
municipal legislature, uniting within itself that business which 
priorly belonged to the kingdoms (and parliaments) of England, 
Scotland, Ireland, and Wales ; our Congress is only the national 
legislature, equally divided between the senate and house of 
representatives. The senate, however, serves also as an execu- 
tive council of the president, for like purposes a separate body 
under the name of privy council, exists in Great Britain. The 
fewer members of the senate have therefore more business to per- 
form, than the larger number of members of the house. Having 
now never heard a complaint that there are too few senators for 
their business, it follows that the number of the members of the 
house may be profitably curtailed for the better despatch of the 
legislative business. The house began working with sixty mem- 
]» is. a great advantage for the Union. Our Congress does not, 
as the English parliament, represent local interests, privileges, 
castes classes, clergy, crown-rights, etc., but has only to mind that 
business which is clearly defined and expressly granted to it by 
the Constitution; the responsibility of both houses is alike; they 
control and check each other, to avoid errors in law-making. 
Thus there is some likeness in the external form of our Congress 
with that of the Biitish parliament, but their proper business, 
legislative duties, and responsibility, differ widely. This difference 
sh< uld caution us not to adopt or imitate English laws. 

Ad these provisoes are just and plain, and necessary for the 
activity and stability of Congress. We shall soon come to more 
interesting bubjects. 



42 THE NATIONAL GOVERNMENT. 



LETTER V. 

Election "Returns. — Quorum. — Order of Sessions. — Rules of Proceedings. 
— Decorum. — Expelling of Disorderly Members. — Journal. — Yeas and 
Nays. — Factitious Legislation should be Resented. — Adjournment. — 
Compensation. — Privileged from Arrest. — No Questioning for any 
Speech. — Speeches for Party Purposes. — Members of Congress ex- 
cluded from Offices. — Exalted Mission of Congress. — Influence of Ladies. 

We have to examine the framework of our political national 
fabric a little longer. 

section v, 

Contains dispositions which may be adapted to all kinds of 
meetings, for church or charitable purposes. 

" 1. Each house shall be the judge of the elections, returns, and qualifica- 
tions of its own members, and a majority of each shall constitute a quorum 
to do business ; but a smaller number may adjourn from day to day, and may 
be authorized to compel the attendance of absent members in such manner 
and under such penalties as each house may provide." 

The majority must govern ; this requires a proviso for a working 
number or quorum. This proviso prevents the minority from doing 
business, and sufficiently proves the independence of our national 
legislature. In Europe generally the governments prescribe the 
rules of the houses, qualifications, etc. 

"2. Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two thirds, 
expel a member." 

Members of the American Congress should never be guilty of 
indecorous behavior. It must have caused pain to George 
Washington to admit this clause and subscribe it as a president of 
the convention. The debates about the political business granted 
to Congress should be of the most courteous, dignified, and temper- 
ate kind. The houses, of course, have also the right to resent con- 
tempts, the same as the courts. They have even extended their 
power to punish disorderly behavior for offences not committed as 
senators or representatives, which were considered entirely incon- 
sistent with the senatorial dignity and trust. There seems to be 



COMPENSATION. 43 

then no lack of laws to prevent, or punish such disgraceful scenes, 
which we witness so often in Congress and out of it, wherein 
members of Congress are the actors. But laws make no gentle- 
men, good mothers do. 

"3. Each house shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may. in their judgment, re- 
quire secrecy; and the yeas and nays of the members of either house, on 
any questions shall, at the desire of one fifth of those present, be entered on 
the journal." 

This proviso shall render the members of Congress more mind- 
ful of their responsibility. Suppose a faction in Congress would 
refuse the constitutional appropriation for an established branch of 
the government, as tor instance, the army or navy, on mere party, 
that is, private or factitious grounds, and not on national grounds, 
all those who should be injured by such an act may claim damages 
from the United States ; which, in their turn, should take recourse 
against such factitious members of Congress proved as such by 
their votes, and the journals of the respective houses. The exist- 
ence of the people in the United States, as a nation, may be 
jeoparded by factitious legislation. As the executive is amenable 
to the law and subject to impeachment, so ought to be factitious 
members of legislatures responsible with their persons and prop- 
erty for their participation in unconstitutional and injurious legis- 
lation not guided by justice. Hence the necessity of recording the 
yeas and nays. 

" 4. Neither house, during the session of Congress shall, without the con- 
sent of the other, adjourn for more than three days, nor to any other place 
than that in which the two houses shall be sitting." 

By tins clause the members of Congress are kept sedate and at 
work. 

SECTION VI. 

"1. The senators and representatives shall receive a compensation for their 
services, to be ascertained by law, and paid out of the treasury of the United 
States. They shall, in all cases except treason, felony, and breach of the 
peace, be privileged from arrest during their attendance at the session of 
their respective houses, and in going to and returning from the same; and for 
any speech or debate in either house, they shall not be questioned in any 
other place." 

The usual compensation of $8 per day, besides a mileage to the 
seat of Congress, going and returning, has been changed of late 



44 THE NATIONAL GOVERNMENT. 

to an annual salary of $3000 per member. It. will make the 
sessions shorter and the despatch of business slower. The more 
lucrative the seats in a legislature are, the more the}' will be 
coveted and abused by mere speculators. I remarked in another 
place that there are exceedingly few persons fit for this business. 
This kind of business should be made as little attractive as possi- 
ble. The less tampering with the laws the better. Our strength 
is not in laws — but in virtue and self-control, superseding political 
laws. 

The privilege of speech and debate refers merely to the act of 
delivery. If a member of Congress publishes a speech, and it 
contains a libel, he is liable for it. There should be but little 
speech-making in such a legislature as Congress, where certain 
delegated business is to be performed, and not, as in Great Britain, 
a lordly king and a proud wealthy aristocracy is to be kept eternally 
in check. You may easily observe that almost all speeches, the 
maiden speeches included, in Congress, are made for party and 
personal purposes, not required by the actual business. Such 
harangues and oratorical feats may be in place in Great Britain, 
where society is subject, all popular rights must be conquered, and 
the crown has been, by the law of inheritance, in the possession of 
an immense executive power and patronage since time immemorial. 
But with all such things, no one in Congress has anything to do. 
There all is plain, settled, prescribed business. Nobody can en- 
tertain any serious doubts about it; and if this should be the case, 
the United States supreme court is authorized to settle the ques- 
tion. For what purpose are then with us bitter and angry ha- 
rangues ? The constitution gives no cause for them, our best public 
men have never indulged in them. As our form of government 
differs from the forms of European governments, so should our 
manner of managing public affairs differ from theirs. Ours should 
be plain, business-like, and free of rhetoric bombast, passionate and 
violent language. It will be the case if the public, and especially 
the ladies, condemn this style. 

" 2. No senator or representative shall, during the time for which he was 
elected, be appointed to any civil office under the authority of the United 
States, which shall have been created, or the emoluments whereof shall have 
been increased during such time; and no person holding any office under the 
United States, shall be a member of either house during his continuance in 
office " 



BILLS. 45 

The second part of this proviso is peculiarly American, for in 
all P^uropean constitutional states the state officers, ministers of the 
crown included, are elective or official members of the parliaments. 
This renders our Congress the more independent, and therefore 
alone responsible for their acts. What a most enviable position 
for a real good national legislature ! 

Let us pause here a little, and indulge in the hope that our Con- 
gress will become more and more true to its exalted mission, de- 
lineated in so masterly a manner in this beautiful organic law. 



LETTER VI. 



Bills of Revenue in both Houses. — British Imitation. — Veto. — All Presi- 
dents have used it. — Its Advantages in Regard to Factitious Legislation. — 
Repassing Bills. — Punishment of Unconstitutional Legislation. — Two- 
third Vote. — Parties. — How to get an Office. — Electors. — Political 
Brokers. — : Strict Morality in obtaining Offices nowhere. — How they are 
bestowed in Monarchies and Republics. — Faction, its Danger. — Aboli- 
tionists a Faction. — Custom in England that Ministers resign when de- 
feated in Parliament, to be imitated in the United States. 

The following section shows how the congressional laws are 
made by propositions or bills : — 

SECTION VII. 

" 1. All bills for raising revenue shall originate in the house of representa- 
tives ; but the senate may propose or concur with amendments, as on other 
bills." 

This is an imitation of the British parliament. In practice, it 
is confined to bills for levying taxes, and not to other bills which 
may indirectly produce a revenue, as law r s concerning the mint, 
postoffice department, public lands, etc. 

" 2. Every bill which shall have passed the house of representatives and 
the senate shall, before it become a law, be presented to the president of the 
United States. If he approve, he shall sign it ; but if not, he shall return it, 
with his objections, to that house in which it shall have originated, who shall 
enter the objections at large on their journal, and proceed to reconsider it. 
If, after such reconsideration, two thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the other house, by 
which it shall likewise be reconsidered, and if approved by two thirds of thai 



46 THE NATIONAL GOVERNMENT. 

house, it shall heeome a law. But in all such cases the votes of both houses 
shall be determined by yeas and nays ; and the names of the persons voting 
for and against the bill shall be entered on the journal of each house respect- 
ively. If any bill shall not be returned by the president within ten days 
(Sundays excepted) after it shall have been presented to him, the same shall 
be a law in like manner as if he had signed it, unless the Congress by their 
adjournment prevent its return, in which case it shall not be a law." 

This proviso, w"hich creates the veto-power of the president, and 
defines the same with great accuracy, has been often denounced 
as one which interferes with the independence of the legislative 
branch of the government. But it has been exercised by all 
presidents from Washington to Pierce, and considered so whole- 
some, that it has found a place in almost all our state constitutions, 
even of the latest date. There is no doubt that considerate presi- 
dents and governors may, by means of this veto-power, best pre- 
vent inconsiderate legislation. It is also required for the protec- 
tion of the minority. On such opportunities, and in their annual 
messages, they may urge and broach sound doctrines, which do 
not so easily make themselves heard in legislative bodies, ofttimes 
too numerous and noisy for legislative purposes. 

The intrigues and power of parties and factions, extraneous in- 
fluences (the lobby) of interested and designing persons, limited 
time of the sessions, and carelessness, may be the origin of laws, 
which, when executed, would promote more harm than good. On 
this point of legislation the executive must be the best judge. 
There could not occur an unconstitutional law in our country if 
this veto-power were exercised with more circumspection. In a 
self-governing society, a few, simple, general laws are desired for 
the common welfare. From this view, so often laid down in the 
messages of our better presidents, the veto-power has been cre- 
ated in the constitution. Its history proves that it always has 
been used justly by our presidents. In this regard our executives 
have an important duty to perform. They will do it rightly if 
they start from the point that our governments are only required 
for the realization of justice ; that they have to protect and con- 
serve the rights of self-government and liberty ; that they have 
not to meddle with non-political, social affairs ; that they must 
move strictly within the limits of the constitution, and neither 
allow partisan legislation nor indulge in the realization of ideals 
and moral problems, which must be left to the exertions of those 



UNCONSTITUTIONAL LAWS. 47 

whose proper duty and avocation it is to occupy themselves with 
such subjects. Bad laws create more evil than can be remedied 
by their repeal. Considerate" and just laws are veto and repeal 
proof. 

None of our constitutions or statute-books contains a proviso on 
the punishment of those who propose or approve of unconstitu- 
tional laws. A due sense for justice makes one desirable to check 
such legislation, which is, if not criminal, nimbly disgraceful under 
written constitutions. We can not be careful enough in selecting 
the members of Congress and in legislating, to save the reputa- 
tion of our system of governing. There is in the English parlia- 
mentary transactions between the ministry and the houses a cus- 
tom, that the first resign when they are defeated by a vote on the 
bills brought in by them. This can not happen in Congress, be- 
cause government does not propose bills. This English custom is 
based upon the assumption, that the king can not err and is there- 
fore not responsible, also not, when proposing a bill by his re- 
sponsible ministers. In the untoward case, however, that such a 
bill should not pass, it would be against good aristocratic taste, to 
carry on the government with a ministry exposing the king to a 
defeat in the parliament. Something like such a custom should 
prevail in Congress and states, in cases, when a law has been de- 
clared unconstitutional by the judiciary. The executive, who has 
signed such a law, should then resign at once, to save the people 
the humiliation to be governed by a constitution-breaking execu- 
tive, whose, main duty is to see, that the constitution is preserved 
and together with the laws faithfully executed. 

"3. Every order, resolution, or vote, to which the concurrence of the senate 
and house of representatives may be necessary (except on a question of ad- 
journment), shall be presented to the president of the United States; and be- 
fore the same shall take effect, shall be approved by him or being disapproved 
by him, shall be repassed by two thirds of the senate and the house of rep- 
resentatives, according to the rules and limitations prescribed in the case 
of a bill." 

This, as you will see, is a mere extension of the preceding 
clause. Rules and resolves concerning the internal affairs of each 
house come not within the scope of this provision. • 

Let us now take a short review of the sections we have perused 
They contain the rules for the organization and working of the 
Congress. The constitution says not a word of the parties or the 



48 THE NATIONAL GOVERNMENT. 

ways and means* of making a candidate for Congress, and what a 
party-candidate has to do to get into a place or office of. influence 
and emolument. The constitution presupposes that the people or 
electors, and nobody else, shall be the source from which officials 
spring up. But this is not the case in reality. It is obvious, that 
all our elections are managed by parties, which, from usage, are 
the agents of the people and candidates in all election affairs. 
We may compare them to the brokers who are stepping in be- 
tween sellers and buyers to realize a bargain. Those parties, or 
political brokers, leave "for the people nothing to do at the ballot- 
box, which is called the palladium of our liberty, but to approve 
their party -candidates, or, to throw their votes away, as the phrase 
is, because, as matters are, a no-party candidate will never com- 
mand a majority of the votes. 

History proves, that there is no state (and I fear that there 
never will be one), where the ways and means to office and in- 
fluence or power are such as they ought to be, according to justice 
and morals. In monarchies birth, station, connections, armies, 
courts favor, and what is called loyalty to the ruling party, 
smoothes the path to office and preference ; in democracies a hun- 
dred artifices of popularity, party, even faction, open the road to 
power. Bribery with its golden key unlocks many doors to of- 
fices everywhere. Talent and merit, if not patronised by royal 
or public favor or party, remains behind. The press, another 
palladium of our liberty, is also the willing helpmate of partisans or 
the servile instrument of princely courts. Of course, in democra- 
cies many noble principles are set forth in platforms to strengthen 
the parties, and to recommend them to the favor of the people ; 
still all this activity of parties is not legalized by law or the con- 
stitution, and, consequently, thus far, Congress depends entirely 
upon a power, that of party, which is irresponsible, although it 
assumes the management of the most important right of a free peo- 
ple, that of voting. I am aware that party is a part of the peo- 
ple, still it is not the people. When the force of party is turned 
against the law and constitution from selfish or even treasonable 
motives, party becomes faction. Of course, faction must be di- 
rectly dangerous to the stability of the political fabric and constitu- 
tion, while parties, which have their origin merely in a difference 
of opinion about the existing laws* are harmless. Genuine party 



PARTIES. 49 

never plots, but faction does ; party shuns violence, but faction 
seeks and craves it. The abolitionists form a faction and not a 
party, because they act with violence against the laws and con- 
stitution, burn this document, ignore the Union and the constitu- 
tional compromises upon which it rest, oppose with arms in hand 
the officers of the government, refuse constitutional appropriations 
on pany grounds, and may finally destroy the political structure, 
if not checked by the common sense of the law-abiding people. 

I believe that we have nothing at all to fear from our officers 
in regard to liberty, or, what is the same, in regard to the stability 
and safety of our political institutions, even admitting that they 
o!ten abuse their offices for selfish purposes ; but we have every- 
thing to fear from factions, which spring up in our midst, and 
from unprincipled party influences in our legislatures. The offi- 
cers change their places, but leaders of parties and factions do not; 
they take a strong hold upon the mind and passions of man, and, 
if reckless, will not rest until a constitution which bars their plots 
is broken down. 

I write from experience, that, upon the activity of parties and 
fact ; ons, women have an immense influence. Read, my dear chil- 
dren, the history of the French Revolutions. The worst scenes 
of the first Revolution were enacted under the auspices of infuri- 
ated viragos. If they had taken the part of peace, order, and 
propriety, the lives of thousands, wantonly butchered, would have 
been saved. We all admit that the influence of women upon the 
character of American society is all-powerful and most benefi- 
cial. What would society be, everywhere, without it? Women 
f< rm one half of society. God's plan can not be, that one half of 
human society shall be in public social affairs a blank. Their 
influence is in the direction of decorum, taste, and urbanity. If it 
i> general, this character will be stamped upon our public affairs 
too. It is in want of a more universal influence of woman upon 
so iety, that the management of our public affairs seems to be so 
undignified and tasteless. Party helps to offices and power. 
*• Party," so said Swift, " is the madness of the many for the ben- 
efit of the few." There is no greater slavery, no more corrupting 
condition, than the blind devotedness to party. If I vote for a 
party candidate, I do it because I believe him to be the fittest man 
for the place ; but, this done, I watch his course with the indepen- 

3 



50 THE NATIONAL GOVERNMENT. 

dence of a freeman, and, if it should turn out to be wrong, oppose 
him with all lawful means. On the other hand, I support an offi- 
cer or legislator elected by another party, with the same unbiased 
independence, if he is right. I beseech you, my sons, to act like- 
wise as citizens. In regard to party promises, or platforms, or 
resolves, the constitution and established justice must guide your 
judgment. Only those platforms are worth noticing which are 
truly constitutional. 

The constitution is our political theory, which may be corrupted 
or destroyed by a wrong practice. Every voter must be clear 
before he decides on a candidate, whether the party by which he 
is proposed rests, in regard to its aims, on the constitution or not. 
About special laws — as, for example, whether a naturalized citi- 
zen may be admitted to vote in five, or ten, or twenty years — 
there may exist a great variety of opinions, for such objects de- 
pend upon expediency, circumstances, and general principles of 
justice, but not upon the constitution itself. But whether Con- 
gress has the power to enact prohibitory laws in regard to the 
settlement of the territories or not, is a constitutional question, and 
not one of mere expediency. If such a power be admitted, Con- 
gress may to-day exclude certain classes of Americans, to-morrow 
catholic Irishmen, and again, protestant Germans, from settling 
and cultivating wild lands in Kansas and elsewhere, and setting 
up states. 

I warn you, my sons, especially never to be the slaves of party, 
and always to judge carefully and soberly on the so-called party 
platforms, whether they are strictly constitutional or not ; because, 
by supporting an unconstitutional party by your votes, you make 
yourselves guilty of a treason against the constitution, the founda- 
tion upon which our social happiness and national welfare rests. 



POWERS OF CONGRESS. 51 



LETTER VII. 

Congressional Business or Powers. — Political Institutions. — United States, 
States, Counties, Towns, Cities, Villages. — Conflicts between them. — 
Supreme Court the Arbiter. — Kansas Troubles. — Direct and Indirect 
Taxation. — Paying Debts. — Estimates. — Tariffs. — Direct Taxation un- 
popular. — Protective and Prohibitive Tariffs. 

We have now arrived at that part of the constitution which 
tells us what business properly belongs to Congress, and what not. 
There is more life, more interest, more matter of fact. 

The public affairs committed to the care of Congress are called 
powers of Congress, because they are granted, or given in trust. 
Properly speaking, these affairs are alike all over the world. 
Governments, of whatever form, should never assume more busi- 
ness than is required for the realization of justice. To define the 
limits of the authority of Congress, a special list of the political 
business granted to it was necessary, to distinguish it from other 
political business reserved for the states. The framers of the con- 
stitution have made this list with great care and a due apprecia- 
tion of the great difference, as we have already noticed, which 
exists between national and municipal political affairs. 

I shall try to make this difference plain enough. The political 
institutions — as the United States, states, counties, towns, cities, 
and villages — are cut out of the same everlasting material, viz., 
society, which without them would be nothing but a confused 
maze. However, man being so much given to quarrelling, it can 
not fail that conflicts or disputes will happen about this political 
business, whether it may be done by towns or counties, states or 
Congress. But, under written constitutions, and in unsubjected 
society, they should never partake of a serious or disturbing char- 
acter, especially while it is the office of the judiciary to decide on 
such conflicts. 

The argumentation depends, then, upon the reading and inter- 
pretation of the constitutions. The federal constitution is so plainly 
worded, and its purpose (the organization of the national political 



52 THE NATIONAL GOVERNMENT. ' 

business) so clearly set forth, that such conflicts have, up to this 
time, rather partaken of the nature of common lawyer cavilling, 
easily set aside by the supreme court. The Kansas troubles 
make an exception, because faction, raised arms against the con- 
stitutional territorial government of Congress. Let us see what 
business belongs to Congress. 

SECTION VIII. 

The Congress shall have power — 

"1. To lay and collect taxes, duties, imposts, and excises, to pay the debts 
and provide for the common defence and general welfare of the United States ; 
but all duties, imposts, and excises, shall be uniform throughout the United 
States." 

It is obviously a mere consequence of the establishing of a gov- 
ernment, that it must possess the power to raise revenues for its 
support. Without it there would be no government at all. Taxes, 
duties, imposts, excises, were revenues in public use in Great 
Britain and other countries at the time of the framing of the con- 
stitution. At present, the terms duties and imposts are synonymous. 
Revenues are of two kinds, either direct or indirect. The first are 
generally called taxes ; incomes from customs, public lands, the 
mint, etc., belong to the second class. The difference between the 
two is, that direct revenues or taxes are levied upon persons and 
property"; while indirect taxes are derived from the use or con- 
sumption of certain commodities, and chiefly from imported arti- 
cles of luxury, fashion, etc. 

Direct revenues are based upon certain estimates, correspond- 
ing with the wants of the government; indirect revenues are col- 
lected by tariffs, and bring either more or less than the govern- 
ment requires, according to the amount of imposts : if more, they 
are superfluous, which may lead to profligacy and abuse of power; 
if not sufficient, the credit of the government may suffer from the 
want of means. Direct taxes are # said to be more or less odious, 
because they can be counted ; while indirect taxes are borne 
more easily, because they can not be readily ascertained by the 
consumer. Monarchs were and are in favor, and the inventors 
of, indirect revenues. In the United States, direct taxes must be 
apportioned in proportion to the population of the several states 
(see Section ii., No. 3). 

The United States treasury is at present, in the main, filled by the 



CONTKACTING DEBTS. 53 

customs, an arrangement which excludes the idea of absolute free- 
dom of commerce. Thus, we are so little accustomed to pay a 
tax for Congress, that a taxation on this account would be unpop- 
ular, as the phrase is. The wording of this clause plainly shows 
that the framers of the constitution wished not to tie up the hands 
of Congress in the care for its financial resources, so that our fed- 
eral government is at liberty to act according to time and circum- 
stances, which, together with public opinion, have a great influ- 
ence upon the finances of nations. Of course, this part of the 
public business is the cause of a treasury department with a sec- 
retary at its head, customhouses, collectors, sub-treasurers, and a 
large number of offices for the collecting, controlling, and disbursing 
of the revenues. 

It is self-evident that laws on customs revenues ought to be 
made with a view to benefit the home and not foreign industry, 
as long as such customs are raised from a similar view abroad. 
This is required by the principle of mutuality in social affairs. 
The natural order of things is freedom of industry, of which com- 
merce is a branch. It is impossible to determine, with mathemati- 
cal accuracy, the just limits of such customs, especially on account 
of the influence of foreign customs systems. This has, therefore, 
been the cause of violent party disputes — one party (the whig) 
advocating protective and even prohibitive customs; -the other 
party (the democrats) free trade. A middle course, between 
those extremes, is, under prevalent international circumstances, 
preferable. 



LETTER VIII. 



Contracting Debts. — States to pay as they go. — Regulation of Commerce 
at Home and Abroad. — Law of Mutuality. — The Self-preservation of 
Nations. 

We continue our reading. The Constitution allows Congress : 

"2. To borrow money on the credit of the United States." 

This is a needful proviso to raise a revenue temporarily — for 

instance, in time of war, or if suddenly the imports on luxuries, 

etc., should fall off. Public economists maintain that mere muni- 



54 THE NATIONAL GOVERNMENT. 

cipal governments, as our states, should be deprived of the power 
to borrow money, and " pay as they go," because they can in their 
ordinary walk of business never be exposed to a necessity of bor- 
rowing money, while Congress, as the manager of our national 
affairs, may in consequence of an untoward event, as aggressive 
war, rebellion, etc., be involved in difficulties with foreign nations, 
requiring such temporary expedients to furnish means for the com- 
mon defence. 

" 3. To regulate commerce — 
a With foreign nations. 
b And among the several states. 
c And with the Indian tribes." 

Three distinct objects are here committed to the care of Con- 
gress, which are as such pointed out in print. Those few lines 
have given rise to frequent debates, often of a very irritating char- 
acter in Congress. 

The intention of the constitution is plain enough, if we read it 
as the organic law defining the national political business, and not 
as one written for merchants and traders. Then the words to 
regulate commerce with foreign nations, or with our quasi nations, 
the states, at home, and Indian tribes, can not mean that Congress 
shall tell traders, where to get goods, or to fight the Chinese to 
force them to buy tobacco from us, or build canals or roads for the 
transportation of goods, etc. ; never, they simply define a plain 
business, belonging to all national governments, to make treaties 
or certain rules or laws by which commerce in its threefold direc- 
tion, clearly pointed out, shall be regulated and protected on land 
and water. Hence treaties about coasting-trade, fisheries, equality 
of duties, Danish Sound dues, police over the oceans, ocean har- 
bors, and navigable inland waters, crafts and seamen, pilotage, 
salvage, ports of entry, embargo, lighthouses, safety of passengers 
(incidental) on board ship, etc., are exclusive business objects for 
Congress, whose authority is exhausted as soon as the case ceases 
to be a national one, when the municipal authority takes its place. 
Local internal improvements have no connection with this clause. 
It follows from this clause that no state government has the power 
to make commercial regulations with foreign governments, or with 
a government of one of the states, or with Indian tribes. The 
words "to regulate commerce," have no meaning without the 



COMMEKCE. 55 

words which follow. In such an abstract manner there is no 
government on earth wise and powerful enough to regulate com- 
merce. The framers of the constitution were not the men guilty 
of such a folly. Still party has taken hold of this provision to 
make capital out of it. Partisans have inferred from those words, 
" to regulate commerce," that the power of Congress to regulate 
commerce, is unlimited. 

This clause, namely, the duty of Congress to regulate the com- 
merce between the confederated states, is the main source of our 
internal commercial liberty, one of the greatest boons of our con- 
federation, and the very cause of the wonderfully fast-spreading 
culture of the land, because no state can enact constitutionally laws 
levying taxes upon trade, as the states do in Germany, although 
confederated, and as the Dutch and Swiss republics did, and the 
latter perhaps still do. Bloody revolutions have been the result 
of such commercial checks and burdens, guarantied by this clause 
of our noble constitution, which so endears our Union to the solid 
mass of the people, and which renders it a desirable home for all 
industrious men. "What feelings would take the place of this love 
of our country, should the industry of the Boston merchant be 
checked by custom lines around every state? should Louisiana 
have power to tax New York city, and the state of New York 
New Orleans ? This most precious liberty of commerce, for which 
fanatics and factionists care little, is the result of the clause giving 
Congress the right to regulate commerce among the several states. 
Further, in consequence of this proviso, neither our own states nor 
foreign governments can meddle with our Indian tribes. With- 
out a good deal of fanciful reading and cavil this clause can not 
be misunderstood. 

Fancy delights in considering human society as one family. It 
is so in abstraction, but not in reality, which shows that it is com- 
posed of different races, and these are divided into different inde- 
pendent nations, represented by peculiar governments, acting like 
persons, that is, taking good care of their self. No person, no 
family, can exist otherwise. It is much the same with nations as 
such. But if this is done according to the law of mutuality, the 
essence of justice, expressed by the Christian sentence, Do unto 
others as you wish they may do unto you, persons and nations will 
exist co-ordinately and comfortably together. To preserve this 



56 THE NATIONAL GOVERNMENT. 

comfort, persons and nations must be on their guard against tres- 
passers and trespassing. Suppose a European nation and their 
government were much more depending upon the commerce with 
our nation than we upon theirs, and their government opposed to 
ours in theory and practice, then this law of mutuality and due 
regard to ourself and comfort, imperatively require to regulate 
this intercourse from our side so that we should not strengthen by 
it the hostile force and attitude of the foreign, government, in order 
to avoid our own national suicide. This, to balance right, requires 
wise, delicate, and resolute statesmanship. 



LETTER IX. 



Naturalization and Bankruptcy Laws. — Foreigners. — Declaration of In- 
tention to become a Citizen. — Congress, and State-citizenship Laws. — 
Family Suffrage. — American Woman's Influence. — Credit. — Congress 
not true to their duty. — Legislation of the several States on Bankruptcy 
Suppletive. — France. — Germany. — President Buchanan's Message on 
a Congressional Bankruptcy Law. — Congressional Committee report 
against it. — Denies the Power of Congress. 

"We come now to the "foreigners." Congress further has the 
power : — 

" 4. To establish a uniform rule of naturalization, and uniform laws on 
the subject of bankruptcies throughout the United States." 

For the sake of brevity, two business objects have been inclosed 
in this clause, which have nothing in common. The second sen- 
tence concerning bankruptcies would never have found a place in 
the constitution, if Congress were indeed the regulator of com- 
merce, because as such this body could make as many laws con- 
cerning bankruptcies, banks, drafts, commercial partnerships, pro- 
tests, exchange, discount, as it pleased, incidentally to the foregoing 
clause. Aliens must be Americanized. The colonies were a 
creation of immigration ; that immigration from Europe would 
fill the vast regions of the United States, was foreseen by the sa- 
gacious framers of the constitution. To give uniformity to this 
national business, Congress was empowered to legislate upon it. 



BANKRUPTCY LAWS. *57 

Hence, the naturalization laws, by which, of course, were ex- 
cluded titles, orders of nobility, allegiance to foreign governments 
or princes, and a certain time fixed, five years' residence in the 
country, temporary business absence not included, and required a 
declaration of the intention to become a citizen, etc. State legis- 
latures have altered the time of five years, and reduced it, in 
regard to voting, to one year and less, producing a kind of conflict 
with the laws of Congress, which has become a bone of party 
contention. 

The federal constitution, and the laws of Congress in this res- 
pect, seem to have operated well, while state legislation has led to 
voting abuses, especially in consequence of the general suffrage 
law. Viewing emigration, and its political consequences, from a 
simple natural social standing-point, we must be inclined to admit 
that the establishing of a family, and home, is the universal begin- 
ning of the real exercise of citizen rights, and presumptively 
qualifies better than a law can do to voting. If a naturalization 
law could start from this natural basis, the matter would be easily 
set right, and state interference prevented. I admit that the 
voting by families is yet unpopular, but if American women would 
look into the matter, and insist upon such a voting law, it would 
soon be carried, and prove to be one of the greatest social politi- 
cal improvements of the time, and remain for ever popular ; for it 
is just, necessary, natural, and common sense, as the family state 
itself, while the general suffrage law is a mere arbitrary measure. 

The second part of this clause attributes to Congress the care 
for a general bankrupt law. 

The framers of the constitution were well aware of the immense 
importance of the confederation in regard to the expansion of 
industry and commerce. They knew further, that commerce 
without credit is impossible, and that credit will degenerate into 
swindling, and lose its moral force without the support of uniform 
stringent laws. The idea of having throughout the Union a gen- 
eral law on the subject of bankruptcy, sprung up from a true, 
honest, and statesmanlike appreciation of the confederation. To 
such an appreciation, however, Congress never has come, never 
has aspired. This assemblage is far from answering to its true 
constitutional purpose. Very few of its members take the consti- 
tution for their rule of action. Thus Congress has tried repeat- 

3* 



58 THE NATIONAL GOVERNMENT. 

edly to enact a uniform bankruptcy law, but it always failed, so 
that this clause, thus far, is not exhausted by legislative action. 
The state legislatures have supplied this deficiency, which, of 
course, produces a variety of systems where uniformity is desira- 
ble. In South Carolina, executors of estates have a right to help 
themselves if they have claims against them before all other cred- 
itors; they can pay any creditor they please, according to the 
dignity of the debt ; a man dying, or failing, may there prefer one 
creditor to another, etc. If now a citizen of another state is not 
aware of this anomalous state of things, and belongs not to the 
dignified creditors, he will suffer losses, while a uniform con- 
gressional law should protect him from such. 

The opinion is at present adopted that this grant is not an ex- 
clusive one, and that thus the state legislatures may enact bank- 
rupt laws which would be unconstitutional if this clause should be 
exclusive. But this seems to be not true, for if this opinion be 
right, all other grants in this clause would be as little exclusive, 
for they are all made in the same manner and tenor. The fact is, 
Congress has had, up to this time, no good will, or energy enough 
to establish a uniform bankruptcy law, therefore, the state legis- 
latures were obliged to supply the deficiency temporarily. As 
soon as Congress would enact one, then all state laws in this re- 
gard would cease to be valid. 

You see how much work is still left for us by this noble consti- 
tution. If the prevalent, virulent and speculative party spirit will 
pervade Congress longer, it will never be wholly executed. 

France, with thirty-five million inhabitants, has a uniform law 
on this subject; and I observe that there was, in 1857, a conven- 
tion sitting in Germany to make one. No doubt that our consti- 
tution has suggested the idea. So I hope it will be now soon 
realized, for the benefit of the public and unfortunate honest 
debtors at home. 

President Buchanan having, in his first annual message to 
Congress, suggested the necessity of enacting a uniform general 
bankruptcy law, Congress appointed a committee, who reported 
that the subject, especially with reference to banks, belonged to 
the states to legislate upon. This may have been satisfactory to 
this committee, but is adverse to the constitution, and something 



COINING AND COUNTEEFEITING. 59 

like insubordination or revolution. A business intrusted wisely 
by the people to Congress, can not, by their agents, be intrusted to 
the states without causing confusion and anarchy. 



LETTER X. 



Coining Money. — Its Value. — Standard of Weights and Measures. — 
Mints. — Assay Offices. — Decimal Coinage. — Counterfeiting. — Punish- 
ment. — Post-Offices. — Post-Roads. — Roman Custom. — Mail Lines. — 
Competition. — Internal Improvement Policy. 

We glide from power to power, or business to business. Con- 
gress has the power : — 

" 5. To coin money, regulate the value thereof and of foreign coin, and 
fix the standard of weights and measures." 

The subjects of this provision are truly national, and thus justly 
belonging to Congress. For a general commercial intercourse, a 
certain standard medium of exchange is indispensable to represent 
property. Mankind have' adopted for this purpose the most valu- 
able metals, gold and silver, having an intrinsic standard value, 
not affected by laws or art. To legalize this standard, and coin 
and mint, accordingly, money, is the business of Congress. Con- 
sequently, Congress has erected mints, assay offices, etc. 

Justice requires uniform laws for standard weights and meas- 
ures, and even international arrangements for a mundane unifor- 
mity in such things. 

That Congress has not succeeded until lately to make the na- 
tional legal decimal coinage exclusive, proves that upon the circu- 
lation of money, usage exercises a more powerful influence than 
laws. 

Within these few words lies the trust of the national monetary 
affairs. It is not fair, from the side of the state governments to 
circumvene this proviso by allowing associations to fabricate 
paper money, which is actually like coining. 

"6. To provide for the punishment of counterfeiting the securities and 
current coin of the United States." 



60 THE NATIONAL GOVERNMENT. 

This grant is a sequel to the preceding. The crime of counter- 
feiting is declared a felony, punishable by imprisonment, fine, etc. 

" 7. To establish post-offices and post-roads." 

This proviso has given cause to many disputes. The meaning 
of the constitution obviously is to give Congress the right to es- 
tablish post or mail lines, as we should express it at present. That 
for this purpose offices and officers are necessary, is a matter of 
course. There are roads wherever a mail line is needed, so that 
Congress is saved the trouble of building one. But this never 
was the meaning of the framers of the constitution, which is here 
worded in the old European law language. The Romans built 
roads for government use, with posts or relays, straight through 
the provinces, without regard to the communication, commerce, 
and correspondence. Our post business is no such thing, but a 
mere forwarding or express-line business, and properly speaking, 
no political business at all. It belongs, at present, naturally to 
those who v form express and railroad lines. No government is 
instituted for the forwarding or express business, or the diffusion 

of knowledge, or the facilitating of social intercourse ; free men 

© » © ' 

do not require such things from their governments. Europe inheri- 
ted such institutions from the Romans, and the governments found 
it to their interests, to make the forwarding of the letters of their 
subjects a source of revenue, and, at the same time, keep the con- 
tents of the correspondence under secret and open surveillance. 
It is managed thus by the English government, was transplanted 
to the colonies, and left with the Congress, to keep it there con- 
solidated. Congress saw fit also to forbid private competition, 
which stamps the business as a monopoly. Upon such nonpoliti- 
cal business time exercises a paramount influence. 

The forwarding of correspondence by mail or telegraph should 
be open to competition, and consequently to constant improvement. 
There is an invention spoken of to transport letters in tubes, by 
the pressure of air. If practicable, Congress will feel the injus- 
tice of monopolizing the letter-forwarding. By taking the words 
"establishing postroads" in the obsolete European or Roman sense 
of the business, the idea has sprung up that Congress has a right 
or is bound by the constitution to construct roads and improve 
rivers, generally called internal improvements, for the transporta- 
tion of the mail ; and has given cause to party disputes, and vetoed 



PATENTS. 61 

laws. It has happened that the presidents generally were against 
this internal improvement policy, and Congress, the house of 
representatives especially, in favor of it. Viewing the matter in 
the light of the present age, Congress has the right to establish 
post or mail lines, with offices and officers, without forbidding free 
competition, and designate the roads over which these lines shall 
pass. If Congress were authorized to build roads, the word build 
or construct would have been used instead of " establish." 



LETTER XI 



Sciences and Useful Arts. — Copyright. — Patents. — Progress of Science. — 
Ripening of the Understanding. — Locke. — Smithson. — His Legacy 
Anti American. — Political Patronage of Arts and Sciences in Europe. — 
Goethe. — Fourierism. 

We come now to fresh fields and pastures, the sciences and 
arts, and shall immediately see what the noble framers of the 
constitution thought of them. The law gives Congress on this 
point the power: — 

" 8. To promote the progress of science and the useful arts, by securing 
for limited times to authors and inventors the exclusive right to their respect- 
ive writings and discoveries." 

Is this all ? you will perhaps ask. Could they not say a word 
or two of national education, national universities, national agri- 
cultural bureaus or colleges, national scholarships ? No, my dear 
children; they preferred not to say a single word about these 
things, because they could not afford to consider them as national 
political affairs, for which alone they had the power to make a 
constitution. But eminently wise men as they were, they took 
good care for justice in regard to the products of arts and sciences 
and the property rights of their authors in the Union. They had 
at this time made a great step forward. There are still govern- 
ments which leave those rights but little protected. 

The consequence of this clause are the patent-office and copy' 
right laws. The wisdom of controlling this business in Congress 
is obvious. Authors, artists, and inventors divulge their works, 



62 THE NATIONAL GOVERNMENT. 

not with the intention to lose by it, but for their and others' benefit. 
But the act of publication would be mere loss if the law would 
not secure their property rights. This instance is again a proof 
of the immense value of our Union for the welfare of individuals 
and society at large. You have seen that by Gertain grants to 
Congress the liberty of commerce has been secured in the Union, 
binding to it the numerous trading classes. You meet here a 
grant which links the literary, artistic, and mechanical public to 
the confederation. This policy benefits directly and indirectly the 
agricultural class. Who and what are then the men, my dear 
children, who can dare to speak, nay, to think of the dissolution 
of this Union! Can it be men who ever read this constitution, 01 
witnessed its working ? A government has, strictly speaking, no 
force to effectually promote the real progress of science and arts, 
however ample the financial resources should be at its disposal ; 
because this progress is dependent upon circumstances over which 
men have very little control. The real progress of science is the 
ripening of the understanding. This is a work of exceedingly 
slow advancement, as Locke has already observed. Useful occu- 
pation, early industrial habits, study, that is, select reading, good 
domestic example, improve the understanding more than doctrines, 
theories, novels, etc. Political officers, who are too often mere 
instruments of party, can do here nothing that society may not 
do as well and better ; because arts and sciences belong to free 
social business, and not to political. To tax one for the purpose 
of raising the school-money for another would be unjust, it being 
beside doubtful whether such a support is indeed for his benefit 
and that of society or not. Education is a part of the destiny of 
man. We must not organize destiny. The more liberty and 
variety in education the better. Circumscribed schooling and in- 
struction does not make better men. I wish not to be taxed for the 
schooling of a Robespierre, or to raise a fund for speculators. 

The Englishman Smithson did not understand our constitution ; 
otherwise he would not have bestowed upon Congress a legacy 
for the diffusion of knowledge ; because Congress has nothing to 
do with such business. He, of course, a European, was not 
aware that we commit the care of that to writers, editors, pub- 
lishers, preachers, lecturers, speakers, liberal wealthy men, ama- 
teurs of arts and sciences, associations, or, if you please, to every- 



COPYRIGHTS. 68 

body, nurses and mothers included. Congress would have acted 
upon truly American principles in declining this curious stipend, 
which is but a national bore. It is impossible that even our 
governments, constantly coming fresh from the people as they are, 
can keep pace with our free society in such things. 

Our press is absolutely free ; not so in Europe. It divulges 
events, discoveries, ideas, and projects, with a rapidity so great 
that stable formal governments in a race with it will always be 
behind time. To bring schools and sciences in contact with party 
is most objectionable. Still, all this is entirely different in Europe, 
which we are too prone to imitate in such things. The political 
patronage bestowed there upon sciences and arts is a part of that 
general favorite and pension policy peculiar to all monarchies, 
which is calculated to make the talent loyal and submissive. If it 
dares to be independent it is suspected, neglected, and even per- 
secuted. Beside, my dear children, sciences and arts serve satan 
as much as God ; bogus as much as truth ; error and superstition 
as much as reason. Goethe, a highly gifted and prolific writer, 
as you know, says pertly, " Books are written to show our errors." 
My letters may also contain some : try to find them out. In what 
light do then appear books or sciences and arts originating with 
governments ? to show their errors ? Do we organize govern- 
ments for this purpose ? 

This provision of our constitution is required by justice, and is 
sufficient for all practical purposes. 

All publications at public expense, emanating from the patent- 
office, etc., are simply unconstitutional and exceedingly unamer- 
ican. You will excuse this word. But our society is unique ; 
something per se ; and chiefly in consequence of our excellent 
constitution, which expressly starts from the principle that the 
government shall not interfere with the social affairs, but only take 
good care for their protection ; and never intended that Congress 
should become a book-publishing concern, or look out for teaching 
languages, for arts, seeds, pruning, gardening, fishing, camels, etc. 
The question what is useful and necessary in regard to sciences 
and arts, belongs to society to decide. She will judge fairly 
according to time, circumstances, and the laws of nature. For 
this very purpose we want to be free, in order that talent and its 
world-ruling influence may not be crippled nor led astray by the 



64 THE NATIONAL GOVERNMENT. 

force or patronage of governments. " People in the United States 
are willing to bow to the sway of mind. We have done with the 
remnants of by-gone times, when bodily strength or military 
prowess and skill conferred wealth, distinction, and worldly great- 
ness, and was rewarded by privileges, caste, primogeniture, no- 
bility, crowns," etc. But the influence of mind must not be hostile 
to order and established justice. Under our federal constitution 
are widely opened all facilities for the expansion of the mind, the 
availability of talent, and the culture of sciences and arts. These 
flourish best when not stimulated or subsidized by governments. 
Those which can not grow upon the broad field of liberty and 
under the protective shelter of a constitution like ours, are useless 
for society, although they may find a place among imported exot- 
ics in the luxurious conservatories of the rich, who can pay for 
'them. 

In every respect the federal constitution has been framed to 
make her time-proof, and therefore she keeps wisely clear of 
scientific ideals, speculations, Parisian fraternity, socialism, Fou- 
rierism (by-the-by a very old ism), and all similar schemes. 

We have to guard her like a jewel against the rough hands ot 
tampering, wicked politicians. 

But let me stop, that you may not feel alarmed about the length 
of my letters. 



LETTER XII. 



Inferior Courts. — United States District Courts. — Piracies. — Felonies. — 
Law of Nations. — Ocean Police. — Branches of the Ocean. — English 
Law curiosity. — War. — Letters of Marque and Reprisal. — Captures on 
Land and Water. — Justice the end of Wars. — Court of Nations. — Ju- 
risdiction of Congress. — War defensive or aggressive. — Property of Neu- 
trals. 

We lapse again for a little while into lawyer business. The 
constitution requires of Congress : — 

"9. To constitute tribunals inferior to the supreme court." 
This is a necessary proviso ; for the good administration of just- 
ice requires a judicious distribution of the judicial business among 



INFERIOR TRIBUNALS, PIRACY, AND WAR. 65 

graduated courts of law, for which purpose certain judicial dis- 
tricts are set up, to limit the jurisdiction of the courts. Hence 
we have United States circuit and district courts. 

"10. To define and punish piracies and felonies committed on the high 
seas, and offences against the law of nations." 

To the Congress belongs the, jurisdiction over the vessels and 
the citizens of the Union upon the oceans and high seas, just as 
other governments exercise the same right, in regard to the ves- 
sels of their subjects, because the oceans are common for all, 
and therefore, the Congress has to enact all criminal, police, and 
other laws, concerning the ocean navigation, and crimes com- 
mitted thereon. The oceans terminate where the creeks and inlets 
begin, included, within any county. Branches of the ocean, as 
the Long Island sound or East river, are under the jurisdiction of 
Congress, which is important in regard to ferries, buoys, lighthous- 
es, fortifications, quarantines, harbor-line regulations, business be- 
longing constitutionally to Congress. As our Congress, in the 
spirit of the constitution, has always been careful not to interfere 
with the jurisdiction and the business of the state governments, it 
has not made use of this grant in regard to offences committed on 
board merchant ships, lying in the waters of the United States, 
leaving the cognizance of such cases to the state officials. I here 
make you acquainted with an English law curiosity. The com- 
mon law courts and the admiralty hold their concurrent and alter- 
nate jurisdiction where the tide ebbs and flows ; one upon the 
water when it is full sea, the other (common law) upon the land 
when it is ebb. He who will commit a felony, and prefer common 
law justice must wait until the water ebbs. 

You will excuse me if I am not able to tell you exactly what 
means the phrase, law of nations, for there is no such thing. Still 
certain usages, recognised from time to time by goverments of dif- 
ferent nations as rules, have received this name. 

"11. To declare war, grant letters of marque and reprisal, and make rules 
concerning captures on land and water." 

If all governments would consider the realization of justice their 
principal aim, there would be an end to all war. But not a single 
government, even ours not entirely excepted, has up to this time 
acted upon this principle. Thus we must be prepared for war, in 
order to realize justice by the force of arms, if reason .does not 



66 THE NATIONAL GOVERNMENT. 

prevail in the national councils. The friends of peace have pro- 
posed" a court of nations, similar to our United States supreme 
court, in regard to the differences among nations ; but governments, 
which consider their business a property right, which they may 
improve by conquest, never will submit their difficulties to such a 
court, nor obey its decisions, even if they could be enforced. The 
decisions of our supreme court can be enforced by the army and 
navy of the United States. 

War may be either one of redress and punishment, or of self- 
defence. We can never have a war of conquest as long as we 
obey our constitution. By means of letters of marque, merchant- 
vessels are transmitted into men-of-war, to increase our naval force. 
Of course, all war business is, or ought to be, a part of the reali- 
zation of justice on a large or national scale. 

On the subject of privateering or cruisers bears the question 
whether private property of neutrals and others on the sea shall 
be free or subject to be captured or plundered by privateers or 
men-of-war. Our government has insisted upon it that it shall be 
free. But the English government has, up to this time, not con- 
sented to it. We can not give up the right of fitting out private 
vessels as men-of-war in time of war, but neither such vessels nor 
regular vessels of the navy should be made use of for the plunder- 
ing of private property, as little as armies should be thus used on 
land, or, in other words, governments should stop fighting. If 
they will not cease warring, then private property on sea or land 
will bear the brunt, because it is impossible to prevent this by 
treaties. 



ARMIES. 67 



LETTER XIII. 

Armies. — Appropriation of Money for them Biennial. — The United States 
disliked by Monarehs. — Necessity of Protection. — Navy. — Not exactly 
needed for the Protection of Commerce. — The Hanse Towns without a 
Navy. — Land and Naval Forces. — Militia. — Crimean War. — Serf Sol- 
diers. — Discipline. — Training of the Militia. — Equal confidence in Con- 
gress as in State Governments. — Christian brotherly Love. — Priests. 

Congress is further authorized : — 

" 12. To raise and support armies ; but no appropriation of money to that 
use shall be for a longer term than two years ." 

The first part of this clause, compared with the following pro- 
viso concerning the navy, plainly shows that the framers of the 
constitution were not in favor of a standing army, the main prop 
of despotism and governments by inheritance. Congress shall, in 
case of war, raise and support armies, as many as are needed, while 
in the thirteenth clause the grant is to provide and maintain a 
navy without regard to war or time. An army requires arms and 
other materials, drill, and systematic organizations. Hence a war 
department, secretary of war, arsenals, and a number of offices and 
officers. Our government is, on account of its form, disliked by 
the property or grace-of-God governments, and, if not managed 
with exceeding prudence easily exposed to diplomatic intrigues and 
troubles, in spite of all assurances of friendship, treaties of peace 
to the contrary. Our polity naturally isolates us. This state of 
things requires due vigilance about our common defence. Con- 
gress has seen fit, from the .beginning of its existence, to keep a 
small standing army, in virtue of this clause, for the protection of 
our coasts, forts, and boundaries, which may serve as a nucleus for 
the formation of armies in case of war. With this view the mili- 
tary academy at West Point has been established. Railroads, 
telegraphs, steam navigation, in one word, progressive Time may, 
however, produce frequent changes in such measures. A free 
people must be trained for self-defence. Military appropriations 
shall be biennial to keep them under the strict control of each 



bO THE NATIONAL GOVERNMENT. 

congressional session. Such appropriations must be unconditional, 
in order to avoid clogging in the public service. 
"13. To provide and maintain a navy/' 

The war of the revolution ushered our navy into existence. 
The exercise of the police over the oceans and the before-men- 
tioned jealousy of foreign governments seems to require one. It 
is not so much needed for the protection of commerce as is proved 
by the merchant fleet of the German Hanse Towns which carries 
the largest amount of tonnage after that of ourselves and Great 
Britain, without the protection of a single man-of-war. A navy 
must be provided for in time ; and this is the cause of a separate 
department, with a secretary of the navy at the head of the navy 
yards, and a large number of offices and officers. A naval acad- 
emy is connected with it. 

," 14. To make rules for the government and regulation of the land and 
naval force." 

This is a consequence of the preceding grants. As a general 
thing the English regulations have had much influence over this 
branch of the national business. Our public ships in our own 
waters, and wherever they sail, are under the jurisdiction of Con- 
gress. Justice, as good as mortals can have it, would save us 
from all war which plunge society in debt. Saltpetre would cease 
to be villainous. More justice and less villainy will do. 

"15. To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions." 

The militia, you see, is not such an insignificant institution as 
it appears to be, when mustered. It is the real strong arm of the 
government, and wisely placed at the disposition of the central 
government, when needed for the common defence and to insure 
domestic tranquillity. 

All citizens within a certain age are by duty, their own interest, 
and law, obliged to fill the ranks of the militia. American moth- 
ers must be resigned to see their husbands and sons rally under the 
national standard. They expect their homes to be protected by 
them. It is their duty to nourish patriotic feelings and to share 
the burdens of war. A patriotic militia, thus supported, at home, 
is invincible. The war in the Crimea has shown the difference 
between free soldiers and serf soldiers. The abolition of Russian 
serfdom may have something to do with the improvement of the 



MILITIA. 69 

army. A call of the president of the United States to arm for the 
common defence, will be answered by millions of brave men and 
stout hearts. There are no better teachers of patriotism, honor, 
and gallantry, than good mothers. You may learn this from the 
biography of Washington. 

"16. To provide for organizing, arming, and disciplining the militia, and 
for governing such part of them as may be employed in the service of the 
United States, reserving to the states respectively the appointment of the 
officers, and the authority of training the militia according to the discipline 
prescribed by Congress." 

This is the last of the six provisoes in regard to the common de- 
fence. The jurisdiction of Congress over the militia begins when 
it is mustered at the place of rendezvous. All'expenses are borne 
by the national treasury for the militia called forth by Congress. 
The commander-in-chief has to decide all minor differences in re- 
gard to service. It is desirable that all state officials and citizens 
in general should cheerfully assist Congress when executing those* 
grants, to ensure prompt results in case of common danger. 

Congress is composed of the same material as state govern- 
ments. Presumptively, as much wisdom, patriotism, and expe- 
rience rule there as in state governments, or counties and towns. 
There is not a single reason why we should harrass our Congress 
with such mistrust or jealousy as European subjects treat their 
rulers, and by the grace of God princes. Still it has often been 
the case, and has even given rise to considerable party trouble. 

The main object of the constitution placing the national busi- 
ness in the hands of Congress, promoted by legal order or justice, 
is the general welfare and prompt concentrated action when cir- 
cumstances demand. Before thirty odd states, loosely bound like 
the old Dutch provinces, decide one single measure, Congress, as 
it is installed at present, can have already executed thousands. 
This is the strength derived from a judicious organization and 
location of the public affairs. 

The bellicose propensities are easily excited in free men. The 
aim of Jesus was to supplant them by brotherly love and charity. 
Follow his precepts more than those of his priests, who too often 
forget that by prudence, forbearing, and a strong sense of justice, 
we, in our times, may easily avoid all resorts to arms. . 



70 THE NATIONAL GOVERNMENT. 



LETTEE XIV. 

District of Columbia. — Exclusive Legislation over it and Forts, Magazines, 
Arsenals, Dock-yards. — Paris. — German Diet in a Free City. — Legis- 
lative Powers concerning all National Business. — Sophists and Cavillers. 

We come now to the clause which creates a curious little, but 
very wisely-devised empire. 

In accordance with it Congress has — 

" 17. To exercise exclusive legislation in all cases whatsoever over such 
district (not exceeding ten miles square), as may by cession of particular 
states and the acceptance of Congress, become the seat of the government 
of the United States ; and to exercise like authority over all places purchased 
by the consent of the legislature of the state, in which the same shall be, for 
the erection of forts, magazines, arsenals, dock-yards, and other needful 
buildings." 

This is the origin of the District of Columbia. The desirable 
independence of the federal government from state, made the 
erection of such a ten miles square empire necessary, to be gov- 
erned by Congress. The wisdom of this proviso is so obvious 
that those versed in politics — that is, the art of organizing society 
for the ends of justice, were astonished, that the French attempted, 
so late as 1848, to again establish a national republican govern- 
ment in Paris, where, if not protected by a powerful garrison, it 
may be at any time overthrown. Without such an arrangement 
a state, in whose limits Congress would sit, would acquire an un- 
due preponderance. Even in monarchical Germany, the diet, as 
is called the present show of a national Congress, meets in an in- 
dependent free city, from the same reasons. 

The clause speaks for itself. 

Congress is further empowered — 

" 18. To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other powers vested by this con- 
stitution in the government of the United States, or in any department or of- 
fice thereof." 

By this provision, Congress has the power to put in motion the 



SPECIAL LAWS. 71 

different wheels of the government by acts or laws. Without this 
power, the constitution and its grants would be inoperative. 
Where this organizing has to stop, may be sometimes doubtful ; 
still no interpretation should obstruct the carrying out of the plans 
of the constitutional grants. They are sufficiently specified for 
all practical purposes. Sophists and cavillers must always be put 
to rest by the authority of the judiciary, because for such men no 
constitution is conclusive. We have now examined the positive 
part of the constitution, specifying the business which shall be 
done by Congress, through the indicated channels. It is impera- 
tive for each to fulfill its trust, so that no legislative business may 
be transferred to the executive or vice versa. 

In my next letter we come to the negative part, that is, which 
prohibits Congress to perform certain business. As simple as 
this seems to be, yet it required centuries before we arrived at 
this result ; and what is still more remarkable, that, up to this 
time, a very few agree about what business is national or federal, 
and what not. Hence the great necessity for every citizen to in- 
vestigate this subject thoroughly. Meanwhile let us faithfully 
stick to this constitution and our Union. 



LETTER XV. 



Interpretation of the Grant. — Congress, the Agent of the people, who re- 
main the Proprietors. — Rights of Self-government. — National Bank. — 
Precedents. — Shoemaking in Time of War. - Expediency. — National 
Banks in England, France, Russia, Austria, Prussia. — Public Debts. — 
Washington. — Jackson. — Good Temper in Public Affairs. — Pulpit. — 
Ladies. 

Before we proceed to the reading of a new section, I will add 
a few remarks to my last letter. The business entrusted to Con- 
gress has been granted or delegated by the people, who remain 
the original proprietors, while the officers act as their agents. 
When it is doubtful whether an expedient to carry such a granted 
business or power be proper or necessary or even constitutional, 
those who have to remove this doubt should not only consult the 
words of the constitution, but also the rights of self-government. 



72 THE NATIONAL GOVERNMENT. 

There was a time when the federal government under Washing- 
ton thought it necessary to establish a national bank for the regu- 
lation of the finances and collecting the revenues, &c. Some 
doubted its constitutionality, while others believed the reverse and 
supported their opinion by referring to the eighteenth clause. 
Now, banking, by itself, is a private and not a political business, 
required for the convenience of commerce, not for the realization 
of justice ; still it may be, that at certain times, when the public 
finances are deranged in consequences of war, such a bank, au- 
thorized by the national government, may be necessary and proper 
for carrying into execution certain treasury or financial measures, 
and thus far it would be entirely constitutional. Upon all such 
things time exercises its all powerful influence. A decision in 
favor of such a bank in time of general distress and paralyzation 
of business, however, should not be considered as an imperative 
precedent for all times to come, and the government should part 
with such an incidental financial auxiliary as soon as possible, be- 
cause, as before mentioned, governments generally have as little 
connection with banking, as with farming and shoemaking. But 
in time of war why should not our government resort to shoemak- 
ing for the soldiers too, if there is no other way to get this neces- 
sary clothing? If such a case should be the cause of party dis- 
putes, and the supreme court decide that the shoemaking by the 
government be constitutional, would common-sense men set up 
this decision as a precedent for all time to come, according to 
which Congress can carry on shoemaking for ever at pleasure? 
Government itself is a mere expedient, and oft-times an exceed- 
ingly inconvenient necessity. If now, at a certain time, people 
all-wise, and good, and honest, should agree to dispense with all 
government, and a few voices should object, upon the ground that 
government was a necessity by precedent, what would common 
sense say to that ? Precedents often rest upon no better grounds 
than fashions or customs. Disputes must, at a certain time, come 
to an end. It can not be supposed that the decisions will then be 
not in harmony with the existing facts, circumstances, and laws. 
But all those facts and circumstances do not happen exactly a 
second time again. This is the cause of the mutability of legal 
decisions and of the short validity of precedents. Peculiar cir- 
cumstances make a national bank necessary in England, France, 



INTERPRETATION. 73 

Russia, Austria, and Prussia. There the governments are, to use 
this expression, living upon debts, for which purpose they use the 
financiering help of subservient banks, endowed for this purpose 
with monopolies and privileges. 

Such precedents are, of course, of no value for us. Besides 
such a national bank with us would inevitably interfere with 
private banking or with the liberty of industry, one of our most 
precious social rights, which to protect, and not to molest, is a 
chief duty of government and the express aim of our constitution. 

Increase of business has, of late, created a necessity for a de- 
partment of the interior with a secretary at its head. A post- 
master-general has been from the beginning of the government 
at the head of the postoffice department. The main channels 
have been for the same reason subdivided, as the treasury into 
sub-treasuries. But the origin of this extensive political machin- 
ery is in a few lines of the eighth section, whose simplicity and 
precision makes the constitution easily applicable to time and cir- 
cumstances. 

The grant to raise armies will, I am afraid, remain necessary 
for all time, as long as men have strong passions for violence and 
evil, and are destitute of self-control. Still the manner of executing 
this grant may, in a few years, entirely differ from that of our 
time. The less detail there is in a constitution about such grants 
the better. To cavil about incidental expedients is gratuitous 
and unbecoming if only everything is fairly and honestly man- 
aged. In this regard, public affairs do not differ from private af- 
fairs. Washington was as right in his time, when approving" a 
national bank, as Jackson was later, when disapproving it. To 
make party capital out of such incidents is wrong. 

We are in need of a good temper in our political affairs. 
Where shall we get it when even the pulpit is turned into a party 
hot-iron blast ? I am not mistaken when I claim it from the 
American women. I wish they may, with their faculty of quick 
perception, consider themselves the social pacificators by the grace 
of God and the laws of nature. 

4 



74 THE NATIONAL GOVERNMENT. 



LETTER XVI. 

Migration and Importation of Persons. — Importation of Slaves declared 
Piracy. — Slave Labor, disposing of, in the States. — Habeas Corpus. — 
Rebellion. — Invasion. — Middle Ages. — Rogues. — Charles I. — Attain- 
der and " Ex-Post-Facto" Bills. — Habeas Pursam. 

Let us pursue now our reading. 

SECTION IX. 

"1. The migration or importation of such persons as any of the states 
now existing shall think proper to a<lmit shall not be prohibited by the 
Congress prior to the year one thousand eijiht hundred and eight; but a tax 
or duty may be imposed on such importation not exceeding ten dollars for 
each person." 

When the first negative proviso was written down, there were 
in all the states, prior colonies, bound laborers or slaves kept. 
The framers of the constitution were, by their constituents, and 
especially the northern states, induced to insert into the constitu- 
tion that Congress, in consequence of the policy over the oceans, 
should not prohibit the importation of slaves before 1808, in order 
to gain time to dispose of their slaves. After this time, Congress 
saw fit to prohibit the same under the penalty of piracy. This 
law is at present in force. Within the several states Congress 
has nothing to forbid in this regard. The states where slaves are 
kept have tolerated the trade with them. It is the only way to 
dispose of bound labor force, and make it useful where needed. 
Of course this disposing of bound laborers is an incident of the 
system. It is the business of the slave states to make the needful 
regulations in this regard. In forbidding the importation of Afri- 
cans, Congress has cut the Gordian knot, and parted at once with 
all the matter in regard to the foreign slave-trade. In regard to 
immigration of free persons, Congress has no power to interfere, 
it being the natural right of man to migrate, and because it be- 
longs to the states to legislate on this subject. For this very rea- 
son there is no passport system legal in the Union, and every one 
is at liberty to wander and migrate as he pleases, also with his 



MIGRATION. 75 

servants, bound or free. There are some, especially the leaders 
of the abolition party, who maintain that this clause indirectly em- 
powers Congress to forbid slavery in the territories, which politi- 
cally to organize is its duty, but this is obviously a mistake. As 
a general thing, nobody is naturally a friend of labor, either bound 
or free. Also this section, and others of the constitution in con- 
nexion with bound labor, are not partial for slavery. They but 
contain, as a matter of course, the provisions necessary in regard 
to it from a national view. The prohibition of this labor in the 
United States must originate with the states. 

" 2. The privilege of the writ of ' habeas corpus' shall not be suspended, 
unless when, in cases of rebellion or invasion, the public safety may re- 
quire it." 

This privilege, which consists in the right of any person to take 
out an order of a judge or court, on behalf of a prisoner illegally 
arrested, to investigate into its causes by the competent authority, 
to promote, if possible, his discharge, was — in the middle ages, 
swarming with barons, earls, counts, dukes, and kings, all assum- 
ing, with sword in hand, lordly or sovereign rights of government 
or jurisdiction over their vassals or subjects — of more importance 
than now, but may be still of some good service in certain in- 
stances. However, in consequence of the change of circumstances 
in favor of liberty, the great improvement of the laws in regard 
to damages, the better organization of the courts, the unlimited 
publicity with the help of the press, this privilege, as a general 
thing, is more useful for the rogues to slip through the meshes of 
the law than for men really illegally imprisoned. Such is the in- 
fluence of time. The high praises bestowed now upon this habeas 
corpus right are rather suspicious, while in the feudal times of 
Charles First they were deserved and in place. 

" 3. No bills of attainder or ' ex post facto' laws shall be passed." 

Such bills would realize injustice, but not justice ; for the first 
would allow a judgment to pass without a trial, the latter would 
make an act criminal which was not criminal when committed. 
At present an attempt to make such laws would be resented by a 
general outburst of indignation. It is impossible to carry one 
through the stages of legislation whether this clause be in the con- 
stitution or not. 

Such atrocities are past. They are gone with the feudal barons 



76 THE NATIONAL GOVERNMENT. 

and knights. But in their places have sprung up political finan- 
ciers, speculators, politicians by trade, etc., whose mischievous 
schemes to defeat requires the utmost vigilance, and the creation 
of a new privilege, perhaps, called " habeas pursam," to recover 
fraudulent taxes, etc. 



LETTER XVIT 



Negative Provisoes. — Capitation Tax. — Free Commerce and Navigation 
between States. — Appropriation Laws. — Title of Nobility. — Presents 
to Officials from Foreign Princes. 

Let us go straight through the negative or prohibitive pro- 
visoes now. 

" 4. No capitation or other direct tax shall be laid unless in proportion to 
the census or enumeration herein before directed to be taken." 

A similar provision is contained in the second section of the 
first article. It is but just. 

"5. No tax or duty shall be laid on articles exported from any state." 
Export duties are generally unjust. Such a tax would neutral- 
ize a main object of our Union, liberty of commerce, and would 
never be submitted to by our people after they have tasted so long 
the sweet blessings of liberty in this respect. 

" 6. No preference shall be given by any regulation of commerce or reve- 
nue to the ports of one state over those of another ; nor shall vessels bound 
to, or from one state, be obliged to enter, clear, or pay duties in another." 

This is all in harmony with a " perfect union" and the liberty 
of industry, whose promotion the framers of the constitution had 
especially in view, in contrast with Europe, where the reverse 
order of things prevailed at the time when the colonies freed 
themselves. 

"7. No money shall be drawn from the treasury but in consequence of ap- 
propriations made by law ; and a regular statement and amount of the re- 
ceipts and expenditures of all public money shall be published from time to 
time." 

This is an important proviso. If the appropriations are made 
only for the necessary national political business, with due regard 
to economy, no government can be cheaper than ours. But this 



NOBILITY. 77 

is actually not the case. The officials in republics are responsi- 
ble to the people, and under an array of checks, which, by them- 
selves, are well enough. Still, when the checks of all checks, 
honesty, is wanting, corruption will easier creep in than in mon- 
archies, where the personal interests of the monarch and the se- 
curity of his dynasty make it imperative to him to control the 
finances strictly. It is the general opinion at present, that our 
public affairs in Congress, states, and their subdivisions, are man- 
aged too expensively or not honestly. If true, it is not owing to 
the constitution. 

" 8. No title of nobility shall be granted by the United States : and no 
person holding any office of profit or trust under them shall, without the con- 
sent of the Congress, accept of any present, emolument, office, or title of any 
kind whatever, from any king, prince, or foreign state." 

This whole section is truly American, and entirely anti-Euro- 
pean. But it is so just, time has sanctioned and approved those 
provisions it contains so universally — their aim and principles 
are so well appreciated by mankind — that even strong monarchi- 
cal governments are forced by public opinion to respect them. 
Still, monarchs and their courts can not well exist without titles of 
nobility, badges, orders, and the like. The reacting effect of our 
simple free institutions would be more powerful, even in this re- 
gard, if our public affairs were managed with more Washington- 
ian honesty and dignity. To promote both, high salaries are far 
less commendable than integrity, and a strict vigilance of the 
people in regard to the business in public trust. Self-governing 
people must above all try to do themselves what they conveniently 
can. If our government is, indeed, a mere hazardous experiment 
as some, especially Europeans, say, it is time to undeceive them. 



78 THE NATIONAL GOVERNMENT. 



LETTER XVIII. 

Checks upon State Legislation in regard to Treaties. — Alliance. — Money 
of Metal and Paper. — Attainder. — Ex-post-facto Laws. — Contracts. — 
Nobility. — English Banking. — State Banks. — Merchants make their own 
Paper Money. — Clearinghouses. — Political Defaulters. — Homes, where 
best. 

We come now to a section containing checks upon the state 
governments, to prevent them from meddling with political busi- 
ness not belonging to their sphere. You will readily appreciate 
the propriety of it. 

section x. 

" 1. No state shall enter into any treaty, alliance, or confederation, grant 
letters of marque and reprisal, coin money, emit bills of credit, make anything 
but gold and silver coin a tender in payment of debts, pass any bill of 
attainder, ex-post-facto law, or law impairing the obligation of contracts, or 
grant any title of nobility." 

The objects mentioned here are either reserved for Congress 
(as treaties, coining of money, etc.), or are generally unjust and 
inadmissible in a society politically well organized. The prohi- 
bition of state bills of credit, or state paper-money, redeemable at 
a future day by the states, is necessary to prevent the embarrass- 
ment of the national finances and general circulation. At the 
time of writing the constitution there existed a flood of such 
depreciated state paper-money, causing much inconvenience in 
commerce, and ruin. Some say that bank paper-money put into 
circulation upon state authority is also prohibited by this clause. 
It will most certainly cause the same disastrous effects of state bills 
of credit, if irredeemable and not readily convertible into gold and 
silver. Those in favor of the English banking system succeeded 
under the plea that the people like paper money and are in need 
of it, in maintaining it thus far. The state bank system has been 
made a party issue. What influence it has upon the solidity of 
commerce, foreign importations, the prices of all things, the home 
industry, the circulation of coined money, mercantile crisis, and 



NEGATIVE PROVISOES. 79 

the national finances in general, is not easy to ascertain. Congress 
has not, as yet, interfered with the bank paper-money circulated 
on state authority. If it should, then the matter will be thoroughly 
sifted. 

So much is true, that merchants, as a class, are not in need of 
bank paper-money; because they everywhere make their own 
paper money, called drafts, notes, checks. According to the sta- 
tistics of clearinghouses and bankers, mercantile business amount- 
ing to fifteen millions is settled or balanced with the help of about 
one million of specie money. The best and most solid bankers 
and banks decline to have anything to do with emitting paper 
money. 

Laws impairing the validity of contracts are the acme of in- 
justice. States or their courts have to enforce contracts, if needful, 
but not to help break them. On this account states should never 
be defaulters. We have, alas ! good grounds for complaint against 
several of our state governments for such faithless, dishonest con- 
duct. Swindling corporations and associations follow in their 
wake. By it they undermine public morals, impair the state 
authority, encourage fraud, and promote injustice and general 
embarrassments. Women should consider well before consenting 
to a home in a state or city which has been a defaulter. 



LETTER XIX. 



Honesty. — Checks upon State Legislation in regard to Imports, Duties, 
Exports (under control of Congress), Tonnage, Soldiers, Navy, Treaties, 
War. — German National Congress at Frankfort. — Greek Confedera- 
tions. — United States and States separate Business Concerns. — Wicked 
Men. — Well-informed Women. 

Honesty is the best policy also for states. Let us see what is 
further forbidden-ground for the states. 

" 2. No state shall, without the consent of the Congress, lay imposts or 
duties on imports or exports, except what may be absolutely necessary for 
executing its inspection laws ; and the net produce cf all duties and imports 
laid by any state on imports and exports, shall be for the use of the treasury 
of the United States ; and all such laws shall be subject to the revision and 
control of the Congress." 



80 THE NATIONAL GOVERNMENT. 

The restrictions laid upon the state governments in this clause 
are necessary consequences of the Union and the establishment 
of a national government, and are required for the protection of 
the liberty of industry. The different agents of our public affairs 
should scrupulously avoid any violation of their trusts or powers. 
Thus only will they command the respect of the citizens ; because 
these submit themselves cheerfully to the laws, and respect obe- 
diently the public authorities, if they are executing the laws faith- 
fully and honestly. It is plain that there can be only one sort of 
imposts or customs ; otherwise the same article might be taxed by 
each state, and its whole value soon absorbed by taxation. Some- 
thing like this has existed in European countries, and may still 
take place under the name of excise, octroi, etc. Our state 
governments are thus forced to resort to direct taxation, which, in 
its turn, obliges them to be economical, if they are not allowed to 
borrow money. 

" 3. No state shall, without the consent of Congress, lay any duty of ton- 
nage, keep troops or ships-of-\var in time of peace, enter into any agreement 
or compact with another state, or with a foreign power, or engage in war, 
unless actually invaded, or in such imminent danger as will not admit of 
delay." 

If state governments were allowed to keep troops, Congress 
would be under the necessity of having constantly an overwhelm- 
ing force to keep the state governments with their troops at bay. 
When, in 1848, the German national Congress at Frankfort had 
debated and resolved awhile without an executive force at their 
disposal, the state governments, tired of their debates, marshalled 
their armies, dissolved this Congress, and made an end of German 
national unity. A similar destiny awaited the ancient Greek con- 
federations. This would also happen in the United States under 
similar circumstances. Without a strict adherence to the provisions 
of this clause, the United States would be Europe to-morrow. No 
state, as such, has a right to control Congress, or to exercise any 
authority under the general constitution. No state tribunal has a 
right to interfere with the seizures of property made by federal 
revenue-officers in conformity with the laws of Congress. State 
laws have no operation upon the rights or contracts of the United 
States. The United States and the states are throughout to be 
considered as entirely separate business concerns. The govern- 
ments of Great Britain and France can not be more distinctly 



NEGATIVE PROVISOES. 81 

separated from each other than the federal government from the 
state governments. All resolves and acts of the state legislature 
or executive, all propositions and recommendations in messages 
of our state governors on business belonging to Congress are im- 
proper, unconstitutional, and entirely gratuitous, betraying a med- 
dlesome spirit and very little appreciation and knowledge of our 
political system and organic law. 

If all governments would aim at nothing but the realization 
of justice, never meddle with any business which is not strictly 
political, and never interfere with each others' affairs, a serious 
^misunderstanding among those public business concerns would be 
as little possible as a misunderstanding between two neighboring 
farmers or merchants, if they act upon the same plan, that is, 
mind their own business. However, for plotting and intriguing 
men, there is, alas ! no help in laws, though made by a hundred 
Washingtons ; none in compromises or treaties, though written 
with the blood of millions of patriots. Those wicked men are the 
cause of the complaints about the complication of our political 
system and machinery. 

Well-informed women can here do much good for society. 
While they are excluded from direct participation in the public 
affairs, they may cultivate harmony and promote the interests of 
the country the more surely. If they are not Viragos — would 
that there were none in the United States, even to promote the 
temperance fanaticism by violence — they may wield the social 
balance of power. 

I do not natter ; you, my daughters, know me too well in this 
respect. Make, then, a good use of your real woman's rights : 
there are bogus woman's rights abroad. 

4* 



82 THE NATIONAL GOVERNMENT. 



LETTER XX. 

Executive. — President. — Vice-President. — Their Election. — Terra of 
Four Years. — No Titles. — Santa Anna. — Vulgar Political Papers. — 
Respect of Public Officers. — English Grumbling. — Second Term. — 
Swiss Presidential Election. 

We have now to examine a few simple provisions concern- 
ing our president or executive. Laws require execution. It 
is wise to separate this business from the legislative ; it may- 
then be done more considerately and effectively, the patronage 
and power which public business produces divided, and a 
wholesome mutual check created between the great branches 
of the government. 

ARTICLE II. 

Of the Executive. 

SECTION I. 

"1. The executive power shall be vested in a president of the United 
States of America. He shall hold his office during the term of four years, and, 
together with the vice-president, chosen for the same term, be elected as 
follows :— " 

An office which is merely ministerial, that is, has to execute 
what others have ordained, as that of our president, is better 
filled by one head than by several. Our federal laws are dis- 
cussed or enacted by a college or assembly, with the help of 
committees, and executed by one responsible man, in Greek 
called a monarch. This brings unity, energy, and precision in 
this business. That ambition may not creep in and spoil the 
man and business, he serves only four years, and therefore 
must be elected. The simplicity and business-like character 
of our constitution appear pre-eminent in omitting all titles, 
in this instance also. There was no example of such a single- 
ness on earth, when this constitution was set up. Our next 
door neighbors have not learned from this constitution, other- 
wise Santa Anna would not have assumed the title of highness. 



THE PRESIDENT. 83 

Still, our president has just the same business to perform about 
which kings and emperors make so much ado for nothing. 
While we are not given to empty titles, we should, however, 
not deny the president, the elected responsible head of our fed- 
eral government, his due respect. I know that you, my daugh- 
ters, and a great many of your sex, do not like the political 
papers on account of their systematic vulgar attacks on the 
president and other officers, just as if they were the common 
mark for the missiles of malice and bad taste. A public officer 
who is not respected, is without real authority. Englishmen 
have good reason to grumble, and if they please, ridicule their 
obsolete feudal state-affairs and wigged officials ; but is there 
any thing obsolete or ridiculous in our political system? As 
long as our president acts constitutionally, and as well as he is 
able to do, with the help of his numerous advisers, he deserves 
general respect. The licentious vulgar press corrupts the taste 
of the masses, and is the cause of villany and mob violence. 

According to the wording of this clause, the president shall 
hold his office during the term of four years only. Washing- 
ton, and several other presidents, have been elected for a second 
term. With the increase of the population, the parties have 
gained strength. Party influence may now be coveted by a 
president in favor of his re-election. At present, Washington 
would not have consented to a re-election. This is the cause why 
some wish that the absolute one-term system, either of four or six 
years may be adopted. The constitution being silent about a 
second term, or re-election, we have to understand it as being in 
favor of one absolute term, which, no doubt, is right ; for if not, 
one person may as well, from four years to four years, be re- 
elected to the end of his life. 

The Swiss, probably to avoid the excitement which accompa- 
nies our presidential elections, have, in their new constitution 
of 1848, (a good imitation of ours,) made the heads of the de- 
partments elective, who then chose one of their number as presi- 
dent. This, however, is against the principle which serves as a 
guide in appointing officials. Those who act merely as clerks, 
and not . as representatives of the government, should never be 
elected. Our constitution is, in this regard, perfect, and has been, 
thus far, misunderstood by the Swiss. . 



84 THE NATIONAL GOVERNMENT. 



LETTER XXI. 

Electors. — How Chosen. — Qualification of Presidential Candidates. 

The constitution disposes further : — 

" 2. Each state shall appoint, in such manner as the legislature thereof 
may direct, a number of electors, equal to the whole number of senators and 
representatives to which the state may be entitled in the Congress ; but no 
senator or representative, or person holding an office of trust or profit under 
the United States, shall be appointed an elector." 

" 3. [As amended.] The electors shall meet in their respective states, and 
vote by ballot for president and vice-president, one of whom, at least, shall 
not be an inhabitant of the same state with themselves ; they shall name in 
their ballots the person voted for as president, and in distinct ballots the per- 
son voted, for as vice-president, and they shall make distinct lists of all per- 
sons voted for as president, and of all persons voted for as vice-president, and 
of the number of votes for each, which lists they shall sign and certify, and 
transmit sealed to the seat of the government of the United States, directed to 
the president of the senate ; the president of the senate shall, in the presence of 
the. senate and house of representatives, open all the certificates, and the votes 
shall then be counted ; the person having the greatest number of votes for 
president shall be the president, if such number be a majority of the whole 
number of electors appointed ; and if no person have such majority, then 
from the persons having the highest numbers, not exceeding three, on the list 
of those voted for as president, the house of representatives shall choose imme- 
diately, by ballot, the president ; but in choosing the president, the votes shall 
be taken by states, the representation from each state having one vote ; a 
quorum for this purpose shall consist of a member or members from two 
thirds of the states, and a majority of all the states shall be necessary to a 
choice ; and if the house of representatives shall not choose a president, 
whenever the right of choice shall devolve upon them, before the fourth day 
of March next following, then the vice-president shall act as president, as in 
the case of the death or other constitutional disability of the president. The 
person having the greatest number of votes as vice-president, shall be the vice- 
president, if such a number be a majority of the whole number of electors ap- 
pointed, and if no person have a majority, then from the two highest numbers 
on the list the senate shall choose the vice-president ; a quorum for the pur- 
pose shall consist of two thirds of the whole number of senators, and a ma- 
jority of the whole number shall be necessary to a choice. But no persons 
constitutionally ineligible to the office of president shall be eligible to that of 
vice-president of the United States." 



PRESIDENTIAL QUALIFICATIONS. 85 

This is all plain. Still the action of the electors is fore- 
stalled by the parties, which are now better organized than at 
the outset of the federal government. They preconcert the 
legal elections, and propose the candidates, so that the activity 
of the presidential electors is in the main a mere form, for the 
loyalty to party forbids the electors to make a change in their 
creed or policy. 

"4. The Congress may determine the time of choosing the electors, and 
the day on which they shall give their votes, which day shall he the same 
throughout the United States." 

This arrangement is calculated to prevent fraud, at present 
the vote is to be cast throughout the United States on the first 
Tuesday of November. 

" 5. No person except a natural born citizen, or a citizen of the United 
States at the time of the adoption of this constitution, shall be eligible to the 
office of president, neither shall any person be eligible to that office who shall 
not have attained to the age of thirty-five years, and been fourteen years a 
resident within the United States." 

It is considered unquestionable that the chief executive 
officer should be a citizen of the United States, and a native. 
There never has been a president elected younger than forty 
years. Mr. Pierce was forty-nine years old when elected, and 
so was Mr. Polk ; all other presidents were over fifty, and some 
over sixty years old at the time of election. The fire and am- 
bition of youth is little suitable for an office like that of our 
president. He must be a tried man, otherwise he will either 
not bear the burdens of this office, or become a mere instru- 
ment in the hands of designing men. This, according to the 
results of the elections, people seem to appreciate well. 



86 THE NATIONAL GOVERNMENT. 



LETTER XXII. 

Presidents advanced in Age. — Mrs. Phelps. — Mrs. Strickland. — Mrs. 
Willard. — Mrs. Howe. — Mrs. Hale. — Presidential Vacancy. — Acting 
President. — Non-election. — Salary. — Honesty of the American Presi- 
dents. — Oath. — Spirit of Urbanity. 

It is, perhaps, superfluous to mention, that although a citizen, 
thirty-five years old, is eligible as president, there never has 
been so young a man elected. Our presidents were, as you know 
from history, all advanced in age, a proof that people are well 
aware that business experience, and knowledge of the world are, 
besides honesty and common sense, indispensable qualities of a 
president of the United States. I should have inclosed this remark 
as a P. S., in my last letter, but did not prefer to imitate here your 
letter fashion, my daughters, much as I admire letters written by 
ladies, for they alone understand well how to write them. I have 
waited long enough for letters on the constitution from a Mrs. 
Phelps, Mrs. Strickland, Mrs. Willard, Mrs. Howe, or Mrs. Hale, 
but think the time has now come to try my skill. Let me then 
go on : — 

" 6. In case of the removal of the president from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said office, 
the same shall devolve on the vice-president, and the Congress may by law 
provide for the case of removal, death, resignation, or inability, both of the 
president and vice-president, declaring what officer shall then act as president, 
and such officer shall act accordingly, until the disability be removed, or a 
president shall be elected." 

In this regard, the law is that the intermediate president of the 
senate, or the speaker of the house of representatives, shall be 
president. In regard to non-election, the constitution is silent. 
But the law is just, and required for the preservation of the 
Union, and the regular management of the public business. 

" 7. The president shall, at stated times, receive for his services, a compen- 
sation, which shall neither be increased nor diminished during the period for 



PRESIDENTIAL OATH. 87 

which he shall have been elected, and he shall not receive within that period 
any other emolument from the United States, or any of them." 

The salary of the president is twenty -five thousand dollars, and 
that of the vice-president eight thousand dollars per annum. In 
spite of the peculiar liberty especially enjoyed by the opposition 
party of showering clouds of calumnies daily upon this function- 
ary, there is no instance on record that one of our presidents has 
abused his station to accumulate money from spurious resources. 
Some of them died poor. They were among the best of men. 

" 8. Before he enters on the execution of his office, he shall take the fol- 
lowing oath or affirmation : — 

" I do solemnly swear, (or affirm,) that I will faithfully execute the office of 
president of the United States, and will, to the best of my ability, preserve, 
protect, and defend the constitution of the United States." 

You will notice with great pleasure that the form of this oath 
or affirmation is made acceptable to the members of whatever 
denomination or confession. 

The spirit of urbanity and liberality breathing through this or- 
ganic law is not so much appreciated at home as it deserves. 
What true and noble humanity filled the mind and heart of those 
who framed it. It stands still alone among and above the nu- 
merous constitutions since made in Europe and America. 

I feel happy to be at the head of a family, whose members, 
without exception, feel thankful to the great and good men who 
devised the constitution. 



88 THE NATIONAL GOVERNMENT. 



LETTER XXIII. 

Presidential Functions, — Commander-in-chief of the Army and Navy and 
Militia. — Opinions of the Heads of the Departments. — Reprieves. — 
Pardons. — The Union a Government, no League. — Prompt Protection 
analogous to Police. — State Governors Commanders-in-chief. — Treaties. 
— Consent of two-thirds of the Senate. — Jefferson. — Hamilton. — Re- 
moval from Office. — Treaty with France. — French and English Alli- 
ance. — Slave Treaty. — Vacancies. 

We shall now hear something about the proper business of the 
president. 

SECTION II. 

" 1. The president shall be commander-in-chief of the army and navy of 
the United States, and of the militia of the several states when called into 
the actual service of the United States ; he may require the opinion, in writ- 
ing, of the principal officer in each of the executive departments, upon any 
subject relating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offences against the United States, 
except in cases of impeachment." 

This is plain without comment. The phraseology of the first 
part of this clause seems to pre-suppose a United States army- 
separate from the militia. If so, our little army is all right. As 
matters are now, it seems that we can not much longer enjoy 
our civil liberty without an army of the , United States, because 
we are fond now of enforcing our will with weapons, instead of 
confiding to the ballot-box. Look at Kansas, California, etc. 
He who is at the head of the executive must be commander-in- 
chief of the forces subservient to the executive. The second clause 
pre-supposes different executive departments, as of war, navy, 
treasury, state, interior, with proper heads, as advisers of the 
president. 

Our Union being constituted as a government, and not as a 
mere league, the executive acts, in all cases belonging to its 
sphere, analogous to the usual state executives, police included. 
Should foreign nations attack our territory, molest our citizens 



PRESIDENTIAL DUTIES. 89 

when travelling abroad, or stop and destroy our ships on the oceans, 
in all such cases it is the duty of the executive to defend our in- 
terests, rights, and honor, with all disposable means at hand, with- 
out waiting for legislative action, because, for this purpose, we 
have executives. They are instituted parts of the government, 
acting within their sphere independently. The state constitutions 
make their governors commanders-in-chief of the militia, and 
navy too, which, if it refers to war, seems to clash with this 
section, in some respect at least. 

"2. He shall have power, by and with the advice and consent of the 
senate, to make treaties, provided two-thirds of the senators present concur ; 
and he shall nominate, and by and with the advice and consent of the senate, 
shall appoint ambassadors, other public ministers and consuls, judges of the 
supreme court, and all other officers of the United States whose appoint- 
ments are not herein otherwise provided for, and which shall be established 
by law ; but the congress may by law vest the appointment of such inferior 
officers as they think proper in the president alone, in the courts of law, or 
in the heads of departments. 

Instead of a separate council, as in Great Britain, the constitu- 
tion designates the senate as the adviser of the president, in cer- 
tain instances. Our history shows what importance has been 
given to the heads of departments, as for example, under General 
Washington's presidency on the National bank question. Jeffer- 
son, then secretary of state, was against such a bank, Hamilton, 
secretary of the treasury, in favor of»one. The first became thus 
the patron of the democrats, the second that of the whigs. And 
ever since, the local partisans respectively oppose or approve of 
such a bank, because Jefferson was against and Hamilton for it. 
The executive concurrent activity of the senate is, fortunately, 
not so distinctly apparent. The president, not the heads of the 
departments, is responsible for his official acts. In monarchies, the 
prince is not responsible, but the heads of the departments. When 
the better performance of the public affairs require it, the presi- 
dent may delegate his authority, namely, in time of war. 

The pardoning power can properly be exercised only by the 
executive, because it has directly nothing to do with the law and 
sentence. As the laws of procedure are at present, indeed, more 
in favor of the accused than of society or the accuser, it should 
hardly ever be exercised, because it invariably interferes with es- 
tablished justice and the judiciary. This pardoning power is a 



90 THE NATIONAL GOVERNMENT. 

different thing in monarchies, where the laws are made more in 
favor of the king and state than the accused. The advice of the 
senate divides or lessens the responsibility of the president. 

A treaty is a compact made by nations through their govern- 
ments. It would have been an anomaly to give the treaty power 
to the executive exclusively, while all our laws are made by an 
assemblage of legislators ; hence, the advice and consent of the 
senate. The house of representatives has nothing to do with 
treaties, but may be required to enact in consequence of treaties 
financial laws, without giving them the right to alter such treaties. 
President and senate appoint diplomatic and other public officers, 
without concurrence of the house. The clause is well devised. 
The small branch of the legislature is well adapted for a state 
council. The appointing power includes the removing power ; it 
is lodged with the president according to a sound doctrine, for the 
constitution is silent on it. If the concurrence of the senate was 
required for a removal from office, this part of the responsible 
office of the president would or could be surrounded with vexa- 
tious delays, obnoxious to the public-, service. To trouble the 
senate with advising about the appointment of postmasters, and 
the like officials, would be superfluous, because a refusal would 
be probably resented by a delay in nominating. Engagements 
for offices in state or private relations, depends much upon per- 
sonal acquaintance, qualifications, and inclination of favor. The 
president must be at liberty to appoint officials who correspond 
with these requisites. This is the custom everywhere. 

If a convention or treaty with a foreign government concerns 
a certain business, the first ceases when the latter has been 
achieved. The French government found it in its interest from 
national jealousy, to support the American colonies in their strug- 
gle for independence against England, and entered into a treaty 
with them about it, with this struggle terminated the treaty. There 
is nothing entangling in such special arrangements, just as little as 
in a mutual support of neighbors in case of a conflagration. But 
a treaty like that known under the name of Bulwer and Clayton 
treaty, which stipulates that the Isthmus shall remain for ever as 
it is, and neither occupied by ourselves nor the English, antici- 
pates business, events, and changes, over which we must have free 
control at all times, and is, therefore, eminently entangling and 



APPOINTMENTS. 91 

undiplomatic. Turkey was wantonly attacked by the Czar ; 
France and England allied themselves to help the aggressed. 
This successfully done, according to sound doctrine, the alliance 
should cease. If it is prolonged by intrigue, one of the parties will 
feel the consequence of the blunder in season. 

Our government entered into a treaty with England, France, 
Spain, etc., to stop the slave-trade in Africa, by keeping the coast 
blockaded for this purpose. While we keep watch on the coast, 
the English, French, and Spaniards, carry on the trade under an- 
other name, or indirectly. Such a treaty is false diplomacy. Its 
object ought to be reached at home. With the import of slaves 
ceases the export alone. 

" 3. The president shall have power to fill up all vacancies that may happen 
during the recess of the senate, by granting commissions which shall expire 
at the end of their next session." 

The business order requires such a proviso. If a temporary 
officer should be rejected by the senate, justice and propriety, or 
comity, require that the president should not appoint him again 
during the recess of the senate. If he does — the constitution does 
not distinctly forbid it — the house of representatives, keeping the 
purse-strings, may withhold the appropriation, and thus dispose 
the president to agree with the senate. It is the practice that the 
president can not create the office of minister during the recess of 
the senate without its consent. 

So far as I am acquainted with the business connection between 
our presidents and the senate, it has always been of a friendly 
character. Why should it be otherwise under such a constitution ? 



92 THE NATIONAL GOVERNMENT. 



LETTER XXIV. 

Messages. — Ambassadors. — Commissions. — Chateaubriand. — ■ Impeach- 
ment of President, Vice-President, and other Officers, for Treason, Bribery, 
or other high Crimes and Misdemeanors. — Pensions. 

Soon we shall have done with our mighty president and then 
turn a new leaf, and make acquaintance with the grave federal 
judiciary. 

SECTION III. 

" 1 . He shall, from time to time, give to the Congress information of the 
state of the Union, and recommend to their consideration such measures as 
he shall judge necessary and expedient; he may, on extraordinary occasions, 
convene both houses, or either of them, and in case of disagreement between 
them, with respect to the time of adjournment, he may adjourn them to such 
time as he shall think proper ; he shall receive ambassadors and other public 
ministers ; he shall take care that the laws be faithfully executed, and shall 
commission all the officers of the United States." 

The custom of written messages originated with President Jef- 
ferson. It affords a timely opportunity to lay down a certain 
plan for legislative action, based upon necessity, business experi- 
ence, and principles, necessary for large legislative bodies, whose 
members, too often, bring but vague notions about the constitu- 
tional public business to Washington and other capitols. These 
messages and the reports of the chief heads of the departments are 
considered our most valuable papers. They best prove the abili- 
ties which have managed our public affairs. In return, Congress 
has the right to call, at any time, t for information and executive 
documents. 

He receives ambassadors, dismisses, or rejects them too, as he 
sees proper. The care that the laws be faithfully executed would 
be a useless phrase without the power of instantaneous removal in 
the case of malpractice. 

Many of these ministerial provisoes, adapted to present usages 
are subject to the reforming influence of time. If the government 
should prefer to appoint only consuls, and dispense with ambassa- 
dors entirely, as, indeed, superfluous in a good political system, 



PENSIONS. 93 

according to the opinion of the late ambassador, Count Chateau- 
briand, who said, " le terns des ambassades est passe et celui des 
consulates arrive," our constitution would not be against the adopt- 
ing of such reforms. 

SECTION IV. 

" 1 . The president, vice-president, and all civil officers of the United 
States, shall be removed from office on impeachment for, and conviction of 
treason, bribery, or other high crimes and misdemeanors." 

This clause does not exclude or prohibit removals on other 
grounds — and thus ends the article which makes our four years 
king. 

Salaries and pensions are an important item in our age, where 
every man of a little wit strives to make a fortune as fast as pos- 
sible. Civilians and soldiers also love to accumulate. Good 
services ought to be adequately remunerated, either by fees or 
annual salaries. The first are prescribed, in regard to the latter 
the rule is, that they preclude all fees and extras for office out- 
lays, travelling, etc., if not expressly reserved. There are a 
number of offices which require very little regular office atten- 
tion, and are honorable and influential, which should be therefore 
unsalaried. All town (mayor) and county (overseer) executives 
belong to this class. The occupiers should imitate the example 
of Washington, who never accepted a salary, but only his outlays 
restituted; mere ambitious speculators would be thus kept off, 
and retired citizens of standing induced to devote their time to 
such functions. The English fashion of allowing high and low 
aristocratic lazy officials to appoint deputies, who do their work, 
should be discarded with us, because it produces sinecures and 
an inclination to extort. 

Is it impossible to organize the common defence of our Union 
without the help of the European pension system ? We have no 
standing army in the proper European sense of the word, but 
only some troops to guard the forts and boundaries, who are 
comparatively well paid. We pay per head over one thousand 
dollars, while Great Britain pays about four hundred dollars, 
France, one hundred and fifty dollars, Austria, one hundred and 
ten dollars, and Russia eighty dollars, army and naval expenses. 
To keep the large armies in Europe in such pay as ours, would 
exhaust the resources of the wealthiest nation at once. There- 



94 THE NATIONAL GOVERNMENT. 

fore they make their use of pensions, orders, badges of nobility, 
certain offices reserved by law for soldiers out of service, etc., to 
make it acceptable and popular. Moreover, the princes, when 
fighting against each other, to promote their interests and that 
of the aristocracy and opium dealers, make their soldiers believe 
they fight for civilization and Christianity. En passant, it must 
puzzle the government in London, fighting for civilization and 
Christianity, when General Outram, after the occupation of 
Lucknow, declared in a public proclamation to the people of 
Oude, that the government had not the least idea of making war 
against the religion of the Hindoos ! Again, while we have 
nothing to do with such things, is it, I ask, impossible to pro- 
vide for the common defence of this home of the proud freemen 
of America, without the pension system, invented by European 
princes of the school of Machiavelli, to keep standing armies, 
that is, human machines without whose prop their thrones would 
fare like that of the king of Oude ? 

I wish we could, for soon will civil pensions in the Union 
and states become fashionable too. There would then be a 
degrading, corrupting precedent, less in the country. 



LETTER XXV 



Officers, their desire to earn Money like the rest. — Parties kept together by 
monied interest. — Majority in Elections. — Eight to the Spoils. — Oppo- 
sition to the Party in Power. — Court Favor in Monarchies. — Election Ex- 
penses. — Difficulties in filling Offices. — Catherine de Medicis. — Chancel- 
lor Hopital. — Selling of Offices. — Swiss sell Offices. — Self-government 
curtails Offices. — Paul. — Parties outside the Constitution. — Platforms. — 
Logrolling. — Party should cease in Congress when sworn in. — Presiden- 
tial Patronage. — Political Martyrs a Nuisance. — Factitious Speaking. — 
Demagogues. — American Women. — Benjamin Franklin. — Office-seeking. 

Before we part with the chief of our Union, the successor of 
"Washington, I must write a word or two more on his business. 
It is his duty to appoint a large number of officers, who must be 
paid for services. These, naturally, are as fond of making money 
as the rest of us. Liberty of industry produces industrious, specu- 



OFFICES. 95 

lative, perseveringly accumulative business men. Wholesome and 
well-executed laws make man trusty, generous in credit, giving, 
expansive, and associative. Despotic and arbitrary governments, 
on the other hand, cripple this spirit in man, make him sly, beg- 
garly, distrustful, hoarding, in one word — Chinese. We should 
then not expect that our officers to be less speculative than the rest, 
nor should we grumble if many are eager to get an office. This 
desire for office and money is the sole cause of parties, and the 
glue that makes them cohere or stick together. Principles never 
do such things, for there seldom agree two men about one. But 
about an office, with a good salary, thousands may have the same 
opinion and sharp appetite. To get at the offices in our republic 
we must be in the majority ; to get that we must organize or join 
a party. When one party has succeeded to be in the majority in 
the presidential election, it has, as the phrase is, a right to the 
spoils — that is, offices, salaries, emoluments, etc. ; because it is the 
custom that the president of the victorious party elects among his 
pai ty friends the officers for the offices in his gift. This, however, 
is the reacting cause, why, from that moment, the party left in the 
minority, and, of course, out of office, rallies and strains every 
nerve to recover the lost fleshpots — of course, an impossible thing 
without clubbing and party organization. This is natural. It is 
the same in Europe with one great difference, that the party in 
power is permanent ; because the chief of a monarchical govern- 
ment is hereditary, and retains therefore loyal officers for life, 
while others, not loyal, never can get any office at all. There is, 
of course, little excitement about office. Court favor takes the 
place of party. There are no election expenses — which often 
amount with us to considerable sums, as ten per cent of the sal- 
aries and more. They are one of the causes of raising the salaries 
of late. The charges of the political brokers, I mentioned in 
another letter, are now much higher than previously. 

In republics and monarchies prevails the same difficulty about 
the filling of offices with the right men. One of the best French 
statesmen, Mr. Hopital, chancellor under the profligate Catherine 
de Medicis, preferred the selling or farming out of the offices, to 
deprive the vicious court of the occasion to fill them with its crea- 
tures. In several Swiss cantons the same policy has been adopted 
to preclude hungry office-seekers, and stop their hunting for office. 



96 THE NATIONAL GOVERNMENT. 

The best help promises self-government, self-control in this diffi- 
culty. If each is his own governor in the right direction, he, of 
course, needs none to govern him. St. Paul understood this per- 
fectly well. Virtue and godliness makes man free, self-governing, 
independent. No doubt about that, my children. 

I remarked, in another place, that our parties are outside the 
pale of the constitutions ; they are ignored by them ; they can not 
alter the constitutions. Their platforms, promises, resolves, stump 
speeches, etc., at election times, have merely an eye upon the ma- 
jority, which promises offices, salaries, jobs, etc. They may ex- 
ercise a great influence upon the making of laws and their execu- 
tion, if the officials are partial, unmindful of their obligation and 
office oaths, and winking at partisan iniquity. Logrolling laws 
are inseparable from spurious political business. 



LETTER XXVI, 



Judiciary. — Supreme Court. — Inferior Courts. — Salaries. — Appointed 
during Good Behavior. — Judiciary a Product of State. — Elective Judges 
inclining to favor Mobism. — Public Morals under an Elective Judiciary. 

As there is a necessity of distributing some kinds of judicial 
business among certain districts, called towns, counties, etc., so 
there is a necessity of giving a certain class of quarrels and dis- 
putes and crimes to Congress to settle them according to the laws. 
Also, the courts established by Congress have nothing to do with 
ideal justice or with the realization of moral problems, but only 
to execute the laws, or to decide what is right or wrong. These 
laws may be sometimes repugnant to the feelings : still, if they 
are enacted by the legislative bodies in due form, they must be 
executed and obeyed as long as they are valid. What kind of 
judicial business shall belong to Congress you will learn by the 
following : — 

ARTICLE III. 

Of the Judiciary. 

SECTION I. 

"1. The judicial power of the United States shall be vested in one 
supreme court, and in such inferior courts as the Congress may from time 



JUDICIARY. 97 

to time ordain and establish. The judges, both of the supreme and inferior 
courts, shall hold their offices during good behavior, and shall, at stated 
times, receive for their services a compensation, which shall not be dimin- 
ished during their continuance*in office." 

This is the third branch of the institution called federal govern- 
ment or government of the United States. We have seen that 
the president appoints these judges with the advice and consent 
of the senate, which is sound doctrine, because the judiciary is the 
product of the state institution, and not of society. It is against 
the well-understood principles of politics to make the judiciary 
dependent upon popular elections. The federal constitution is in 
this regard not so well appreciated at home as it ought to be. 
The truth is, people are in need of justice, and erect for this pur- 
pose an institution called state, with a constitution. Out of this 
institution comes the judiciary, in order to make it entirely inde- 
pendent of the people, of whose acts and deeds and obligations it 
shall judge. It is a state right or duty of government to provide 
a judiciary ; because the principal aim of this institution is the reali- 
zation of justice, which most of the people who come in business 
contact with the judiciary do not like at all. Public morals will 
unavoidably come to a low ebb in states where the judiciary is 
elective. The constitution creates the United States supreme 
court, but leaves it wisely to Congress to organize it and the need- 
ful inferior courts, according to- time and circumstances. The 
supreme court held at Washington is the highest legal author- 
ity. It construes and adjudges the constitution and the laws of 
the United States supremely. What belongs to the laws of nations 
comes under the sole cognizance of this tribunal. It has ever 
borne a noble character and enjoyed universal confidence in the 
United States and abroad. 

Some complain that transactions before this court are too ex- 
pensive and too long protracted. This is applicable to all courts 
organized after the English fashion ; because they act not under 
strict codes of procedure, but under their own rules. Still, it is 
in the nature of cases coming under the jurisdiction of this court 
that they are complicated and therefore time-absorbing. 

The appointment of the judges during good behavior should be 
also the rule for the municipal judges. 

5 



98 THE NATIONAL GOVEENMENT. 



LETTER XXVII. 

National Judicial Business. — Court of Claims. — Checks upon State Wars. 
Let us continue our reading. 

SECTION II. 

" 1. The judicial power shall extend to all cases in law and equity arising 
under this constitution, the laws of the United States, and treaties made, or 
which shall be made under their authority ; to all cases affecting ambassadors 
other public ministers, and consuls ; to all cases of admiralty and maritime 
jurisdiction; to controversies to which the United States shall be a party; 
to controversies between two or more states ; between a state and citizens of 
another state ; between citizens of different states ; between citizens of the 
same state claiming lands under grants of different states, and between a 
state or the citizens thereof, and foreign states, citizens, or subjects/' 

From this array of business which belongs to the competency 
of the supreme court, claims against a state by citizens of another 
state, or by citizens or subjects of any foreign state, according to 
the eleventh amendment to the constitution, are excluded, because 
such claims do not partake of the character of national affairs, 
inasmuch as a state when sued takes the place of a private person 
or corporation. But it is desirable that provision should be made 
for a court adjudging such controversies, wherein the state is 
defendant, as a substitute for the mere pleasure of the legislature 
in such instances. Congress has felt the necessity of such a court 
and created the United States court of .claims, which should be a 
real independent court, and not a mere committee, as it stands at 
present. Neither the supreme court nor the lower tribunals are 
above law, but only the interpreters in regard to the final meaning 
of the law, without willing anything. This is a power inherent 
to all courts. 

It has been maintained that a state can not be sued by a private 
person, because it is inherent in the nature of " sovereignty " not 
to be amenable to any private person. This may hold good in 
Europe, but even there not generally,, because the continental 
governments have designated by law certain courts before which 



JUDICIAL POWER. 99 

claims raised against them or their treasuries, and refused, may 
be tried like all other claims. Even in Great Britain, which is 
in all these things much behind time, the chancellor has some 
authority to decide on such claims. A monarch, called sove- 
reign — a thing we have not — who pretends that he got by the 
grace of God the right to manage the political affairs of the 
people as his property, is very likely to pretend, too, that he can 
never do wrong, and, of course, can not afford to be sued. Our 
governments have nothing in common with this specious doctrine. 
They are agents, and when they, as such, bind the state, the state 
must suffer to be sued like other bound people who refuse to fulfil 
their obligations. 

This section makes the supreme court the arbiter between in- 
dependent states ; and this eminently-wise arrangement is the 
reason that there can not be from any cause, however provoking, 
a war between the several states. Yes, my dear children, fond as 
some of the male gender are of fighting, there can be no war 
between Massachusetts and South Carolina, or between Michigan 
and Ohio, or California and Oregon. The supreme court is the 
arbiter in all our more or less wicked state-troubles. What an 
inestimable blessing, then, is our Union for a large branch of 
the human family ! Where is the like ? Without this constitu- 
tional guaranty of peace there would be eternal fighting between 
our parties. Hence the opinions and decisions of the supreme 
couit are cheerfully considered as entirely conclusive and final by 
the people. 

The house of representatives excels in such speculative or log- 
rolling law propositions, against which most of the presidents 
have battled with their vetoes successfully. It is significant that 
the same popular branch of Congress is indifferent in regard to 
laws which bear upon the better administration of justice, as the 
adjustment of claims, regulation of the territories, etc. Large 
legislative bodies seldom answer to their real purpose. The 
members of the legislative bodies who transact the national busi- 
ness from mere party views, violate their constitutional duty and 
oath. Party may help one to a seat in Congress, but when sworn 
in party influence should cease. 

The patronage of our president amounts, at a general estima- 
tion, to eighty odd millions of dollars. There is much attraction 



100 THE NATIONAL GOVERNMENT. 

in such a sum. We have not to complain that matters are so. 
Governments are a necessary evil, required for the lawless and 
disobedient, or, as a theologian would say, are the result of sin. 
The burden can only be relieved by self-government. The more 
of that the less of public business, offices, salaries, taxes, etc. 

You see, my children, why we have parties, and will have them 
as long as there are offices. The rotation in office, promoted by 
frequent elections, checks the tendency to become hereditary, but 
increases party virulence. Factions, by trying to enforce their 
plans and platforms, implicitly admit that they are useless in the 
ordinary way of political business. 

Martyrs for party purposes are a nuisance in the United States, 
because there is no hinderance to joining or forming parties on 
principles. If an inconsiderate speaker on party issues gets 
whipped, he is as guilty as the inconsiderate whipper. A facti- 
tious or rebellious speaker commits a glaring contempt of law 
much more dangerous to society than a mere contempt of a court. 

But why write to you, my children, and you, my daughters, 
especially, on such things ? My reasons are, as you may suppose, 
not to entangle you in party affairs, very commonly but very 
wrongly called politics, but to show you exactly what they are, 
that you may be able, in exciting times which grow upon us, to 
converse understandingly on them and inform your children about 
them. Further, to explain to you what kind of men those are 
who make the regular managers of parties, often called politi- 
cians by trade, or demagogues ; and to show what real difference 
there is between public and private life, and how speculations in 
offices may turn out to be visionary and often ruinous to families. 

If I succeed in that, I shall feel myself well rewarded. The 
American women should be in public affairs what the senate is to 
the president, friendly counsels to their husbands and sons. 
Those may, in the end, if meritorious, as certainly be called to 
offices of trust as Benjamin Franklin, who never had anything to 
do with party on this account, and was almost constantly in the 
service of his country. 



JURY TRIALS. 101 



LETTER XXVIII. 

National original Jurisdiction. — Appellate Jurisdiction. — Sovereign scru- 
ples. — Jurisdiction makes no Subjects. — Jury Trial of Crimes. — Place of 
Trial. — Abolitionists. — Magna Charta. — Runneymede. 

The constitution farther ordains : — 

"2. In all cases affecting ambassadors, other public ministers, and consuls, 
and those in which a state shall be party, the supreme court shall have orig- 
inal jurisdiction. In all the other cases before mentioned, the supreme court 
shall have appellate jurisdiction, both as to law and fact, with such excep- 
tions, and under such regulations as the Congress shall make." 

This clause places consuls and ambassadors justly on the same 
legal footing, and designates the supreme court as one of original 
jurisdiction, that is, of the first resort. Some say that this pro- 
vision brings the states within the sovereignty of the Union, but 
this is not the fact, because lawsuits do not alter stations, they 
merely refer to doubtful obligations or the right or wrong of a case, 
and the bearing of the laws upon it. The dubious case alone 
goes to the decision of the supreme court and not the state or gov- 
ernment. The word sovereignty, obsolete with us and not occur- 
ring in this constitution, irritates unnecessarily the feelings of zeal- 
ous state-rights champions and partisans, who make political cap- 
ital out of it. Jurisdiction makes no subjects, but means only the 
authority given to a court over certain civil and criminal cases in 
a certain district. There is no court for a man who shuns law- 
suits and evil deeds. 

"3. The trials of all crimes, except in cases of impeachment, shall be by 
jury, and such trial shall be held in the state where the said crimes shall have 
been committed ; but when not committed within any state, the trial shall be 
at such place or places as the Congress may by law have directed." 

This clause, together with two amendments, which you will find 
annexed to the constitution, but do not properly belong to it, or- 
dains that in crimes committed against the laws of the United 
States, a trial by jury shall take place, just as in all other trials 
of crimes committed against state laws. This clause has been un- 
justly misapplied by the abolitionists for party purposes. There 



102 THE NATIONAL GOVERNMENT. 

is a clause in the constitution to which I shall devote a separate 
letter on account of its celebrity in the annals of our political par- 
ties, which ordains that fugitives from service shall be delivered 
up to him who justly claims them. The Congressional law based 
upon this clause, does not prescribe an indictment or trial by jury, 
usual in crimes, but a simple ministerial or clerical examination 
of the claim, to prove the identity of the claimed fugitive servant, 
whereupon the return of the same is ordered, or, in the reverse 
case, the fugitive is free. And this, the law commonly called the 
fugitive slave law, very properly ordains — because there is no 
crime at all in question, but a mere breach of an obligation which 
all over the world is treated as a mere police or civil case. Your 
servants do not commit a crime when taking French leave from 
your house. But the abolitionist party objects to this procedure, 
as depriving the fugitive from labor or service of the privilege of 
the trial by jury, or, in other words, they insist that such a fugitive 
ought to be indicted and tried like a criminal. Even you, my dear 
daughters, will discover that behind this partisan manoeuvre is 
hidden the intention to abuse the trial by jury in favor of the 
guilty party, the fugitive from service, so that of this trial by jury 
I might repeat the same that I remarked on the habeas corpus 
privilege that it is apt to be used to relieve the guilty rather than 
protect the innocent according to law. People at Runneymede, 
when they had conquered the magna charta from their lordly 
prince, probably never thought that the privilege of jury trial would 
be. as our abolitionists do, insisted upon in such instances. 

These letters open a deep insight into the administration of es- 
tablished justice, the bulwark of civil liberty. The federal consti- 
tution appreciates it well ; her framers well knew that state insti- 
tutions are useless burdens if they do not bring a prompt admin- 
istration of justice according to law. 

But it seems as if the present generation has lost much of the 
innate sense of justice. A restoration of it can do no harm. 



TREASON. 103 



LETTER XXIX. 

Treason, no Attainder. — Forfeiture. — Kansas. — Utah. — Madness, its fair 
play. — Rebellion. — Vigilance Committees. — Major Andre. — Washing- 
ton and his Steward. — Justice. 

You will learn now what the constitution says about treason. 

SECTION III. 

"1. Treason against the United States shall consist only in levying war 
against them, or in adhering to their enemies, giving them aid and comfort. 

" 2. No person shall be convicted of treason unless on the testimony of two 
witnesses to the same overt act, or on confession in open court. 

"3. The Congress shall have power to declare the punishment of treason, 
but no attainder of treason shall work corruption of blood, or forfeiture, ex- 
cept during the life of the person attainted." 

These provisoes are taken from an English statute, whose severe 
and barbarous features our constitution has obliterated. By the 
corruption of blood is meant the destruction of all inheritable 
qualities, so that no one can claim anything from a person attainted, 
that is, accused, or through him. The war must be actually levied 
to constitute treason. There never has been a person accused and 
convicted of treason since the establishment of the constitution, 
except lately in Kansas and Utah. As we are situated, enjoying 
as we do the largest amount of natural liberty man may claim, 
overwhelmed as we are with privileges and arrangements securing 
freedom, it is madness to resort to brute force in our Union in re- 
gard to private or public affairs or offices. But even madness, 
often the precursor of destruction, will have, now-a-days, fair play. 
It is party, the madness of the many for the benefit of the few, 
which only can be capable of treason. 

Of course, treason aims a blow at the state institution or govern- 
ment. Rebellion goes not so far — but is an insurrection against 
lawful authority. Under this category comes the vigilance com- 
mittee of San Francisco, however necessary its organization may 
be^ for the community. Revolution implies a radical change in 
the government, such one as has been successfully tried by the 



104 THE NATIONAL GOVERNMENT. 

North American English colonists. All these movements are 
symptoms of social diseases. Their main cause is — utter neglect 
of justice. 

Major Andre, of revolutionary memory, was found guilty of 
treason, and punished by death, according to law. When Gen- 
eral Washington heard that his steward at Mount Vernon had 
given relief to English troops, he reprimanded him, although he 
saved, by his comforting the enemies of the country, the home of 
his noble master from devastation, because he had, in the eyes 
of Washington, acted rather treasonably. Justice, the first of all 
virtues, commands: give each his due and injure none. By sup- 
porting the English, the steward had injured his country. So 
thought Washington. His steward thought that he acted prudent- 
ly and according to circumstances, and, besides, in accordance with 
the religious precept : " love your enemies." But Washington 
held that justice, according to law, is first and paramount. And 
this is perfectly true, also in regard to all moral and religious du- 
ties ; because without justice there is no real morality, no real 
charity, no real religion. Without it the practice of religion is in 
constant peril from the side of ignorance, violence, organized 
superstition, priestcraft, fanaticism, etc., as the history of our re- 
ligion sufficiently proves. 

Society in the United States has done well enough although 
governed with a very little regard to established justice. But 
what would this country be, if our states never had been default- 
ers, if their governments had administered the affairs strictly ac- 
cording to the constitutions, and set an example of prompt justice, 
honesty, and fidelity to obligations at home and abroad, if all the 
courts were always the unflinching executors of the laws and the 
terror of the abettors of crimes ? What startling immorality has 
been produced by the corruption prevalent in our legislatures ! 
how many families have lost their all by crises, the effects of wan- 
ton legislation and mismanagement of our public institutions ! 

My children, never approve or join a party which has treason- 
able tendencies against our Union. This is the ardent wish of 
your affectionate father. 



MISCELLANEOUS. 105 



LETTER XXX. 

Public Faith. — Natural Rights of Citizens. — Acts. — Records. — States are 
exclusive. — Clanish Nationalities. — Union Sentiments. — Privileges and 
Immunities Mutual. — Missouri Compromise. — Fugitives from Justice, 
their Extradition. — Treaties. — Mutual Control shared by the Women. — 
Sharpe's Rifles. — Slip-shod Sermons. 

We come now to miscellaneous matters incident to and conse- 
quent upon the establishment of the United States government. 

ARTICLE IV. 

Miscellaneous. 

SECTION I. 

" 1. Full faith and credit shall be given in each state to the public acts, rec- 
ords, and judicial proceedings of every other state. And the Congress may, 
by general laws, prescribe the manner in which such acts, records, and pro- 
ceedings shall be proved, and the effect thereof." 

In consequence of our Union the several states have been 
stripped of the predicate foreign. And this is, indeed, the only 
loss these districts or institutions have suffered by it. It is one 
of the most conspicuous state-rights to be exclusive, foreign. With- 
out our Union, Rhode Island would be a foreign country to Mas- 
sachusetts, and Connecticut to New York. Our states have lost 
nothing else by it, rather gained every blessing desirable from state 
organizations. The laws and acts of foreign nations are not ju- 
dicially taken notice of by other nations, but must be proved, 
like other facts, when they come under examination. Thus, with- 
out our Union, a marriage contract entered into in Massachusetts 
would not be conclusive in Georgia, and so vice versa. Our Union 
has equalized and domesticated our public affairs, they have thus 
acquired the character of common family affairs. Our Union has 
done away with those dynastic, clanish, European nationalities ; and 
if, from custom, we speak and write in the European fashion, of a 
north or south, of a South Carolinian or a New-England man, 
it proves that neither ocean, nor distance, nor nativity, nor time, 
nor laws are able to destroy easily old habits. No business what- 

5* 



106 THE NATIONAL GOVERNMENT. 

ever, not even bound labor, should have the least biasing influ- 
ence upon our Union sentiments. 

This clause is calculated to endear the Union and strengthen 
our Union feelings. We shall presently meet more of the same 
noble, generous, and just nature. 

SECTION II. 

" I. The citizens of each state shall be entitled to all privileges and immu- 
nities of citizens in the several states." 

The federal constitution aims at nothing but rational liberty. 
There is no liberty without order established by certain rules and 
mutuality. Liberty without order is anarchy, as order and rule 
without liberty is despotism. Where justice prevails, there is 
equality of rights before the law. 

The clause before you expressly sanctions a just, mutual, equal 
relation among the citizens. It makes the whole vast realm of the 
United States one home for their citizens ; it excludes all sectional 
preferences, distinctions, and divisions; it condemns the Mason 
and Dixon lines, Missouri compromises, etc. As we all have the 
same citizen rights, so we have the same obligations. We have 
men in our society with monarchical and tyrannical dispositions, 
just as there are republicans in monarchies. This inborn tyran- 
nical disposition to enforce our rules and views upon others, who 
differ from them and prefer to live after their own, is curbed by 
this clause. It makes it impossible that the United States can be 
converted into a " societas leonina." 

" 2. A person charged in any state with treason, felony, or other crime, 
who shall flee from justice and be found in another state, shall, on demand 
of the executive authority of the state from which he fled, be delivered up, 
to be removed to the state having jurisdiction of the crime." 

A state being organized for the main purpose of realizing 
justice, it obviously is one of its first duties to protect society 
against law-breaking men. To make a state a hiding-place for 
criminals is a monstrous idea, and diametrically opposed to its 
nature and purpose. Still the before-mentioned state privilege to 
be foreign, to have nothing common with other states, necessarily 
makes them a kind of asylum for criminals. This abominable 
abuse of the state institution at home has been, at once, destroyed 
by our Union. 



MISCELLANEOUS. 107 

Among foreign states treaties are necessary for this purpose. 
In regard to foreign states the difficulty consists in their peculiar 
policy. If they are ruled justly and do not stamp acts as crimes 
which are not such, and which in other states are, perhaps, laud- 
able deeds, there nobody will fly from justice, except real felons 
or criminals, of whom alone this clause is treating. 

You see, my dear children, what our Union is, and ought to be. 
Political affairs partake of the twofold nature of all things, that 
is, they may be managed wisely or foolishly. A strong, irresisti- 
ble sense of justice, a manly, unwavering execution of the laws 
as they are, and a watchful eye over our own conduct and that of 
others, in regard to constitutions and laws, will keep things right. 
This mutual political control is one of the strongest pillars of repub- 
lican forms of governments. The eyes of the officials can not be 
everywhere, but the eyes of the citizen can. Women, also, wield 
a large share of this control. Be careful, then, whom you admit 
to your fireside ; frown upon the enemies and revilers of our 
Union ; do not listen to the rebellious demagogue ; do not applaud 
the tirades of a bold partisan by trade ; do not give money for 
Sharpe's rifles, to be used instead of ballot-boxes ; listen not to 
partisan, slip-shod sermons ; never countenance treason, and rebel- 
lion, and crime, under whatever form and pretext. This will 
help a good deal to keep peace, and settle all differences in a just, 
honest, constitutional manner. 



108 THE NATIONAL GOVERNMENT. 



LETTER XXXI. 

Man given to Lying. — Imperfect Laws. — Force opposed to Law. — Fugi- 
tives from Service and Labor, their Extradition. — Apprentices. — Sailors. 

— Bound Laborers. — Claim upon them for Outlay, to be respected and 
protected by all Civil Governments. — Property-right to Labor-forces. — 
Its Market Price. — Property-right of Parents to the Use of the Labor- 
forces of their Children. — Bound Labor is Personal, Serfdom is Glebose. 
Abolition Agitation is Glebose. — Englishmen and Russians are Glebose. — 
Territorial Feudal Rights. — Free Labor-force, increased by Immigration. 

— Gradually extending South. — Seigneurs. — Manor-born Subjects. — 
Labor in Spain and Portugal and the Southern States. — Jamaica. — Few 
real Free Men. — Immense Number of Laws. — Europeans are Subjects 
or Matter. — Captain Ingraham. — Austrian Emperor. — English King in 
the War of 1812. — English Abolitionism explained. — American Society 
Africanized by Abolition of Slavery. — Duke of Sutherland. — Property 
in Man. — Men of Property. — Loafers. — Hereditary Governments. — 
France. — Subordinate Races. — Difference between Monarchies and Re- 
publics. — Industry of the Southern People. — Savage Men, their Training 
by Industry. — Manumission of Bound Laborers. — Serfs sold with Prop- 
erty, and belong to it. — Judge Loring. — Travelling with Bound Servants. 

— Africa no Place for Culturing their Savage Inhabitants. — Not improved 
by the Greeks and Romans. — Frenchmen. — Bound Labor is under Mu- 
nicipal Government. — A Bound Laborer is no Citizen. — Territories. — 
Missouri Line. — District of Columbia. — Fanaticism in Law-making. — 
Party Press. — Boston Journal in favor of Constitutional Monarchy. — 
Canadian Paper prognosticating the end of the Union. — Nobility after 
Abolition of Bound Labor. — King Bomba, Emperors of France, and 
Austria, and Hayti. — Boston Notions. — American Women. 

We come now to a clause which has caused serious misunder- 
standings, but without the least sufficient reason. Man is not 
only much given to lying, as Shakespeare has it, but also to doing 
wrong, without being naturally inclined to bear the consequences 
of either. There will always be laAvs which are not, in some 
respects, what they ought to be. Little is perfect in our world. 
Still in a society where man has all practicable means and reme- 
dies at his disposition, to express his opinions about laws, and to 
have them altered or repealed, and where every one who has the 
right of voting, virtually has a share in law-making — in such a 



FUGITIVE-SLAVE LAW. 109 

society, I am going to say, the use of force against existing laws 
and their executors, is one of the most censurable and contempti- 
ble acts or crimes imaginable. Such an act characterizes the 
most dangerous enemy of social order. This use of force has 
happened oft times in regard to the congressional law, making the 
following clause operative : — 

"3. No person held to service or labor in one state, under the laws there- 
of, escaping into another, shall, in consequence of any law or regulation 
therein, be discharged from such service or labor, but shall be delivered up, 
on claim of the party to whom such service or labor may be due." 

This clause is the origin of that law which is generally known 
by the name of fugitive-slave law. It is applicable to all persons 
engaged to service as apprentices, etc., and must find a place in 
a constitution of a real confederation, whether there be a single 
bound laborer within its limits or not. If a sailor engaged to 
service in the state of New York escapes into another state, he 
may be claimed there, and ought to be delivered up. Such cases 
would happen daily if it would be profitable to prosecute them. 
However in regard to bound laborers such claims are of import- 
ance, because the party to whom labor is due has bestowed con- 
siderable expenses upon such laborers, by raising them, or remu- 
nerating others for those expenses. This constitutes a great civil 
or judicial difference between bound and free labor, so often lost 
sight of by sentimentalists and fanatics. The raising of a man, 
his support in healthy and sick days, the care bestowed upon him 
to make him a useful being, entitles to a return or remuneration, 
which should, as a property-right, be acknowledged by all legisla- 
tures in Canada and elsewhere, who aim at the realization of 
justice. It is a rightful claim to the person raised, upon which 
land has not the least influence. This return is given by the use 
of the labor-force of the servant or laborer, which to control and 
maintain is connected with great difficulties and risk, unknown in 
the employment of free labor. The right to this use has, of 
course, a market value. It is but witty, or rather malicious, to 
compare a bound laborer with cattle, because not his weight, 
that is, muscles or bones, are in question, but merely the use of 
his labor-force, or the right to it, which also determines the price 
of free labor. When now the laws of all civilized nations ex- 
pressly acknowledge a property-right of a parent to the use of 



110 THE NATIONAL GOVERNMENT. 

the labor-forces of his children, what is there, I ask, abnormous 
in the claim of a man, who, with or without the sanction of state 
laws, has raised and trained a laborer from childhood at consid- 
erable expense and trouble, to his labor-force, being besides obliged 
to support him in all emergencies through life ! Nothing can be 
plainer than that this claim is property, which ought to be pro- 
tected by all governments. 

With our bound labor system, land or soil, as mentioned, has 
nothing to do, as little as land has to do with shoemaking and 
spinning. It is a personal condition, something like that of a 
child relative to its parents. The condition of the Russian serfs 
and European subjects in general, depends, however, upon terri- 
torial rights. Free soil politics is an imported European article 
(as the whole Abolition agitation). If the Englishmen and Rus- 
sians, etc., wish to become independent and self-governing men, 
they must first remove these territorial feudal rights ; that is, 
they must cry for i; free soil." This, of course, will bring down 
the royal and imperial landed crown-rights. 

Up to this time Englishmen and Russians are property, and 
judged, and taxed, and sold as such with the land to which they 
belong. Whole provinces are accordingly acquired and disposed 
of, or conquered, while the soil in South Carolina is just as free 
as that in Massachusetts, Kansas, and Utah. Our bound laborers 
are not attached to dominions or soil (glebce adscripti) like the 
European subjects and serfs. Our society is at present composed 
of the same elements as at the time when the constitution was 
made. People in the northern region, abundantly supplied with 
labor-force by immigration, found the risk of bound labor too 
great, and therefore sold their interest in it to the South. The 
same will happen under similar circumstances again and every- 
where. Slavery is transient, liberty permanent. The free-soil 
talk can in a sensible American, who knows the difference be- 
tween his country and Europe, only excite ridicule ; for a little 
thinking must convince him that our bound labor is a mere per- 
sonal condition or obligation recognized by State laws. 

This is the reason why our bound labor system has, if well 
managed, not that deteriorating influence upon the culture of the 
land, as the European territorial subject and serf system. This 
is the reason why Russia begins in the thickly-settled, best-culti 



FUGITIVE SLAVE LAW. Ill 

rated provinces, to abolish serfdom. It is profitless there. A 
European seigneur must see how he can get along with his manor- 
born subjects — the American master is at liberty to improve or 
dispose of his bound laborers as he pleases. The labor of our 
four million slaves is more profitable to society at large than the 
free labor of ten million people in Spain and Portugal. The 
world can go along without the latter very well, but can not exist 
conveniently without our cotton. 

Good governments adjust accurately the laws to the actual 
exigencies and conditions of society, while bad governments 
supplant their visions and schemes, and let slide these conditions, 
and ruin society — vide Jamaica. 

There are still very few real free men in our northern states, 
as is proved by the immense number of laws, lawyers, judges, 
legislators, etc. — for these are not required by real free men, as 
St. Paul says. There are still fewer such men in Europe, as the 
general state of subjection and bondage there proves. Almost 
all Europeans are subject, or matter, possessed by princes ac- 
cording to the laws of inheritance. Capt. Ingraham rescued a 
man from the grasp of his imperial owner, who will resign his 
property-rights as unwillingly as the English king did to .the cap- 
tured naturalized British- Americans in 1812, claiming that they 
never had ceased to be his property. Rights by inheritance are 
property-rights — nothing else. The British government and the 
subjects, dukes and counts included, partake thus of the character 
of matter. 

These peculiar conditions of society in England explain why 
the English government is at present, in favor of slave abolition, 
since by this process it changes men into landed feudal crown- 
property, who priorly were the personal property of masters, and 
why, the queen, the lords, dukes, and the whole aristocracy, seem 
to favor this change, because all the privileged classes remain there 
as before, elevated and distanced from the new low crown-subjects. 
But let us see how such a change would operate with us. Our 
society differs in this regard entirely from that in Europe. When, 
with us, bound labor is abolished in the true sense of this word, all 
subjection is at an end ; the freed bound servants stand upon the 
same platform with their prior masters ; they acquire all political 
rights, and there being, in a great many districts, more slaves than 



112 THE NATIONAL GOVERNMENT. 

masters, the latter would be, with their families, in the minority, 
and, of course, ruled by the majority, the liberated Africans. Thus, 
by abolition, society in the slave states would be Africanized. 

What do you think of such a society, my children ? 

Would you like to live in a town, ruled by Africans, or per 
chance, by Chinese ? Do you believe that the Duke of Suther- 
land with his lady would ? I for one never could believe it. 

There is much confusion of notions abroad about that what is 
called property in man. What I write in general on social affairs 
I take from nature and not from fancy and theories. The federal 
constitution, too, is organizing society as it naturally is. Society 
rests upon the idea of property. The child is the property of his 
parents, the father calls its mother his own, the wife claims her 
husband as her own. When sons and daughters break loose from 
the family they seek a new home, longing for the possession of 
beloved hearts and persons, also animals and vegetables exist by 
appropriating without ceremony what they need for their subsis- 
tence. Each must and will possess something. Industry is pro- 
ducing, man is accumulating by force of the desire to possess. A 
man of property is something, a loafer nothing. The patriarchal 
times are praised as. the happiest, they were the period of full 
property in man. Who got disappointed in the possession of a 
wife or husband was an object of pity or ridicule. Most men pre- 
fer to be possessed by their governments (hereditary monarchs) 
to make them more stable and conservative. Look at France. 
Subordinate- races submit without murmur to the dominion of 
superior races. Travellers report from Liberia that the emigrants 
fresh from the slave states are useful citizens, while free colored 
men from the free states are loafers. The possession of man is 
no slavery or barbarism, but the abuse of this possession. The 
father who claims his child as his property is no tyrant, but who 
maltreats it is. It is the same with a bound laborer. If treated 
right by a superior-raced man, this relation will make happy men. 
The main difference between monarchies and republics is that 
society or families cease to be possessed by the latter governments. 

It is impossible that society in our southern states can exist in 
a state of civilization, that is, enjoyment of civil liberty, or real 
citizen rights, without keeping the Africans subject. There would 
be an end of social order and of subsistence by abolition. The 



FUGITIVE SLAVE LAW. 113 

industry which supports society there, and contributes so much to 
the comfort and wealth of* the world, would collapse at once ; cot- 
ton, rice, sugar, tobacco, and other products of the southern 
climates, would disappear almost entirely from the market. Never 
have Africans in mass been better treated by any nation than by 
the Americans. 

Again, my dear children, men and republics are more the work 
of circumstances than of philosophical systems, constitutions, and 
laws. The circumstances here in question are — first, savage- 
ness and slavery in Africa ; secondly, domestication, the first step 
to the culture of Africans in America ; thirdly, their gradual 
liberation, and, perhaps, reshipment to Liberia, etc. There is 
more providence in these circumstances for schooling and training 
savage men than party politicians are willing to admit. Of course, 
no one will believe that bound labor will exist a single day longer 
than it is required and profitable, just as free labor is never em- 
ployed one minute longer than it is profitable and needed. To 
control all these circumstances is the business of those who are sur- 
rounded by them, and of nobody else. 

The personal character of our bound labor system has many 
qualities which make it preferable to the European subject and 
serf system. First, it allows an easy combination with free labor. 
There are 250,000 free colored laborers in the southern states, 
according to the census. Secondly, it facilitates manumission. 
About 4,000 bound laborers are without interference of states an- 
nually emancipated in our country. They now begin to spread 
civilization in Africa. Thirdly, our bound laborers may be easily 
transplanted to regions mere apt to their labor, and improved by 
travelling. The tampering with bound laborers, when travelling 
with their masters abroad, by busy-bodies, has cut off this source 
of labor-culture, to the great disadvantage of the bound laborer. A 
real abolitionist should cheerfully open his house, and city, and state 
to the masters with their bound laborers, to give the latter a better 
chance than that at home of comparing their situation with that of 
free servants and laborers. But it is in vain to expect such just 
and generous dealing with bound laborers from the side of English 
" pecora imitationis" in Boston and elsewhere. Nothing would 
promote more voluntary manumission than a fraternal, upright, 
gentleman-like intercourse between our fellow-citizens North and 



114 THE NATIONAL GOVERNMENT. 

South, and a stoppage of that clumsy English abolition and free- 
soil party movement whose greatest triumph consists in robbery, 
by seducing a bound servant to become faithless to his master. 

Migration of bound laborers from place to place, or state to 
state, does not increase the number of slaves, of course. Slavery 
is a product of circumstances, just as liberty. Abstract notions 
never make a man free. Our world exhibits a social " tableau" 
of slaves, serfs, subjects, and a very, very few free men, compara- 
tively. The policy of prohibiting, instead of regulating the impor- 
tation of slaves or savage Africans to Europe or America, for do- 
mestication, is from a mundane view, still debatable.* Without 
transplanting these Africans to America or Europe and domesti- 
cating them, no culture will ever take hold on them. Neither 
Greek nor Roman local influence has altered Africa. I have not 
the least faith in the humanitarian efforts and successes of the 
French corporals and generals on this terrain. In the United 
States begins a new African history — that of African industry. 
Asia has been slave before, and remains slave after the introduc- 

* The following passage is from the London Times, of July, 1858. This 
letter was written 1856 : — 

" All this time, on the pretence of preventing the passage of slaves, we are 
actually preventing that free passage which undoubtedly would arise but for 
our interference, and which is the very thing wanted both for Africa and the 
West Indies. The best thing that could happen would be a spontaneous, 
though encouraged, assisted, and regulated emigration of negroes from Africa 
to the fields of labor and enterprise on the opposite shore. The African 
would go across, learn to work, live as well, save money, and return a 
wealthy and comparatively civilized man, and would become the means of 
civilizing his countrymen at home. He would bring back to Africa not only 
the money, but the industry and arts of his employers ; and he would retain 
at home the new wants he had acquired in his period of service. The bene- 
fits of the West Indies are too obvious to enlarge upon, and all we have to 
observe is, that we don't think our countrymen and our possessions in that 
part of the world utterly undeserving of consideration. 

" What we have described may not be a lofty principle, but it is something 
better and safer ; it is the right course of nature, and the way in which man- 
kind has hitherto been civilized. Bat it is prevented by the effort to which 
national pride has now committed us. We interpose our wooden walls be- 
tween the vast reservoir of African labor and the channels of industry and 
civilization into which it is ready to run. Of course we are prepared to find 
any number of English politicians ready to maintain this or any other na- 
tional hypocrisy. Such diseases must run their course, even if the climax 
should happen to be a severe one." 



FUGITIVE SLAVE LAW. 115 

tion of Christianity. Europe has done with African slaves, but 
not with serfs and subjects, and never will do without them, as 
long as the present social institutions and conditions remain as 
they are. It will take a long time before our southern states, 
Middle Central America, and Brazil can do without bound labor- 
ers. Philanthropists never will alter this without causing general 
social confusion and ruin. The unprejudiced begin to open their 
eyes. In a few generations African bound laborers will be im- 
ported to Europe. 

Who has eyes to see must perceive that from sheer want of 
those labor-forces the works of the old Spaniards in Central and 
South America crumble now to pieces, and Jamaica and Hayti 
are laid waste. 

With us labor is wealth. Our renowned smartness consists 
mostly in the excellent use we make of all kinds of labor-forces. 
The possibility of starting a slavery party in Massachusetts, where 
there are no slaves, and of a free-soil party in a country where 
land is as free as the air, betrays the foreign and spurious origin 
of these parties — further, a great weakness and sickly impulsive- 
ness in our character, and an unripeness in our judgment, which 
our national enemies know very well how to use to our immense 
disadvantage. 

But, when shall bound labor cease ? I answer : In due course 
of time. This apparently knotty question is easily solved by the 
causes which made it necessary. Once Time required it in 
America, Time requires it still in some parts, Time will abolish 
it, whether in one hundred or one thousand years must not in the 
least concern lawmakers. There is too much slavery and bond- 
age abroad for good old Father Time to abolish. Think only of 
the bondage of superstition, of political party, of mammon, of lib- 
ertinism, of intemperance, of false sciences, of thousands of vices 
and ignorances, all to be removed by good old Father Time ! 
Think only how few know what is the right measure in eating 
and drinking, not to say a word about talking and writing ! Why, 
therefore, be in a hurry in Boston with the abolition of slavery in 
Louisiana, while people in New Orleans complacently wait until 
Time has taught people in Boston and elsewhere the correct mea- 
sure in eating, loving, writing, talking, preaching, and to respect 
and obey faithfully constitutions and laws made by and with the 



116 THE NATIONAL GOVERNMENT. 

consent of their own representatives in Congress and state — those 
referring to the duties of the judiciary too ! The treatment of 
Judge Loring at the hand of the government of Massachusetts is 
a greater stain on our national honor than African bound labor ; for 
this is not of our own making, as is our federal constitution and its 
judiciary, but of British inheritance, as every person a little versed 
in history knows. 

Keep, then, my children, in all questions concerning laborers, 
strictly in view, that our national government has not the least 
power to legislate on this labor any more than on free labor. A 
bound laborer, in a state or territory, is, as such, subject to the 
municipal laws of the state or territory. A bound laborer is no 
national man, no national property, no subject, no citizen, but a 
domesticated man, belonging to his master, like a child to his 
parents, or a wife to her husband and vice versa. The presi- 
dential party-dispute of 1856, would and could not exist, if all 
those belonging to the free-soil or abolition party would but read 
the constitution correctly and understood it well. If a bound 
laborer is not a national political subject, Congress, as the national 
government, has no concern with it, neither in states nor territo- 
ries. It has the power to organize or regulate a territory, but 
not to legislate on the domestic affairs and laborers, or waiters, or 
chambermaids, or mechanics, or churches, or other municipal sub- 
jects. It is one of my principal objects in these letters to show 
that the federal constitution has not the least concern in the main- 
tenance or abolition of bound labor ; that Congress has not and 
never had the least power to legislate on it or to make Missouri 
lines or compromises ; that neither the president, nor the United 
States court, has the least official influence in the matter ; that 
petitions to Congress for the abolition of slavery, except from 
masters in the District of Columbia, are entirely out of place ; 
that a Congressional election issue or platform on the ground of 
slavery or free soil is a spurious mockery of politicians by trade 
deserving a stern rebuke by the people. 

I frankly consider the prohibition of bound labor in the north- 
ern state constitutions as injudicious, uncivil, and entirely super- 
fluous in our Union, and indeed, against the best interests of the 
bound laborers, as I have noticed before. Fanaticism in law- 
making is a terrible curse to society. It has become fashionable, 



FUGITIVE SLAVE LAW. 117 

of late, in Congress and state. Unprincipled daily papers have 
much to answer for it. Our public men, even of some note, betray 
a deplorable wilfulness in these things. 

Although I never feel alarmed by the utterances of strict party 
papers, whatever may be their tenor in regard to our political sys- 
tem, still it is prudent to notice them as signs of the times. 

Please, my dear children, compare the following extract from 
the Boston Journal, a leading abolition or free-soil paper, with 
what I have just said of the peculiar character of this party. It 
reads thus : — 

"We are decidedly of opinion that monarchy — hereditary 
monarchy — is by far the best form of government that human 
wisdom has yet devised for the administration of considerable na- 
tions, and that it will always continue to be the most perfect which 
human virtue will admit of." 

A Canadian paper of the same stamp says : " The United 
States has about run its race as a republic. Its democracy is 
ripening into anarchy, the fruits of which will inevitably be des- 
potism of some sort or other." 

To carry out an abolition scheme, a monarchy for the southern 
states is inevitable. If the negroes shall be free citizens their 
masters must become heavily-privileged barons, counts, dukes, 
lords, and the like. In this, the opinion of the Boston journal 
is decidedly right. And to come to that, we want first anarchy, 
mentioned in the Canadian paper, rebellion against the existing 
laws, removing of the landmarks. To this abolitionism and free- 
soilism lead. You see how these kinds of "republicans" are 
making common cause with the dukes, queens, kings, and em- 
perors in Europe. No better monarchists exist in Prussia, Aus- 
tria, and England, than those " republicans." 

What kind of a monarchy the Boston journal will establish for 
our administration, whether after the famous models of King 
Bomba, or Emperor Francis Joseph, after the fashion of the 
Spanish or English queen, or after the whims of their majesties 
Soulouque, or Napoleon III., is irrevalent, since we have already 
in our political system all that is good in a monarchical govern- 
ment — viz: one head as executive, and all that is good in a re- 
publican government, viz : the representative form blended with 
the democratic, surrounded by the necessary checks. Still all 



118 THE NATIONAL GOVERNMENT. 

forms of governments are, of course, useless, if the laws are not 
executed with a good will. The first thing in most monarchical 
countries, that would happen with the Boston journal, if speaking 
there in favor of the republic, as it speaks in our republic in favor 
of the monarchy, is — suppression, closely followed up by perse- 
cution of the editors, printers, publishers, and all in the concern. 

But let us turn away from such Boston notions. You have al- 
ready experience enough in housekeeping to know that good 
masters make good servants. The exemplary good order, prev- 
alent in the regions where our four millions of African slaves are 
held, obviously proves that they are well managed. The men, fel- 
low-citizens of ours, who are doing this work, which is not an 
easy one, deserve our thanks and that of mankind. And all we, as 
their countrymen, under the shelter of the same constitution, have 
to do is, to let them alone, and not interfere with their own affairs, 
nor deprive them of their share of the common privileges of 
every citizen in the Union. This is but fair and just. The 
sensible and generous American women have an immense influ- 
ence upon these things, for they are the managers of the domes- 
tic affairs everywhere. 



LETTER XXXII 



Annexation of Texas. — Portentous in regard to the Union. — New States. — 
Their Admission into the Union. — Territory. — Land Surveying. — Indian 
Territory. — Indian Agents. — Indemnification. — Selling of Land. — Cul- 
ture of Indians impossible in their own Country. — Acquisition of Foreign 
Country. — Florida. — Louisiana. — Mexico. — Division of States. — Over- 
grown Municipal States, as New York, Ohio, Pennsylvania. — Mutual 
Control and Power of Self-government lost therein. — France. — Monar- 
chies with blended National and Municipal Business. — Increase of Free 
States compared with that of Slave States. 

I should, perhaps, close my letters with number thirty-one, 
because I hardly believe that I shall be able to rivet your atten- 
tion longer upon the constitution, after we have done with the 
fugitive slave law, which is common ground for writers and readers 
of both sexes. Still, I hope you will listen a little longer, as we 



NEW STATES. 119 

come now to the annexation business, which, at the time, at least, 
when Texas was admitted into the Union, caused so much univer- 
sal anxiety — such a sea of alarming prophecies about the down- 
fall of our political fabric, that it is indeed a real miracle how the 
Union could survive this crisis. And behold, there it stands still, 
upon a broader and, I say, surer foundation than ever, provided 
American women will — what? — turn not European with the 
abolitionists and free-soilers. Read on, then, a little longer in 
patience. 

SECTION III. 

" 1. New states may be admitted by the Congress into this Union, but no 
new states shall be formed or erected within the jurisdiction of any other 
state, or any state be formed by the junction of two or more states, or parts 
of states, without the consent of the legislatures of the states concerned, as 
well as of the Congress." 

This section is a new political social feature — a novas ordo 
seculorum. 

The rule is that a colony, settled upon an adjacent territory 
belonging to the United States, when she has reached a popu- 
lation of sixty thousand inhabitants, which entitles it to two 
senators, shall be admitted into the Union. As Congress has 
alone the power to transact business with foreign governments 
and the Indians, and as the acquisition of new wild lands or terri- 
tory is made by the Union and for the same, so to the Congress 
necessarily belongs the whole disposition and regulation of the 
territorial affairs, from a national view. Therefore Congress has 
originated a land surveying and selling system, embracing the 
acquisition of the lands from the Indians, or adjacent governments, 
their indemnification, superintending, establishing of land-offices, 
Indian agents, bestowing titles to settlers, appointing governors, 
judges, and the necessary civil officers. 

Congress has also tried to promote the culture of the Indians. 
Still, the official reports prove that little good has been promoted. 
The annuities paid to them in money and certain goods have pro- 
duced but vice and laziness. Tribe after tribe dies off. The 
whole number of the Indians in the United States territories is 
little over three hundred thousand, at present. The twelve nations 
alone once numbered as much. This lesson proves what happens 
if governments meddle with the industry and culture (education 



120 THE NATIONAL GOVERNMENT. 

and instruction) of society. If a similar plan should be adopted 
with the Africans their fate would be like that of the red-skins — 
destruction. The Indians can be as little cultivated at home as 
the Africans. They should have been for this purpose trans- 
ported to Europe, just as the Africans had on this account to be 
brought to America. Without domestication abroad no savage 
ever will improve. 

The constitution contains no prohibition of the acquisition of 
foreign territory, as happened with Florida, Louisiana, New 
Mexico ; and this makes the utmost caution of Congress impera- 
tive not to transgress in this regard its powers. It should, as far 
as possible, always be done with the consent of the population in 
question ; for we annex not the land, but men. Men, not acres, 
form the Union ; men, not rocks, establish states ; and these are 
made for men, and not for mountains and vales. It is but right 
that no state should be arbitrarily divided, since a state is a social 
institution, based upon a convention or compact, embodied in a 
written constitution and represented by a government. This, 
then, must be the organ by means of which a dismemberment of 
such an institution must be made. Any other procedure would 
be improper, arbitrary, and revolutionary. 

The necessity of dividing states, with a fast-increasing popula- 
tion, will soon be felt, not only because municipal states containing 
more than about one million inhabitants are generally badly 
governed — it being then almost impossible to exercise the politi- 
cal mutual control of which I wrote in a prior letter — but also 
because such states acquire, in consequence of party organiza- 
tions, too powerful an influence upon the national affairs. I refer 
in this regard to the list of electoral votes elsewhere. The state 
of New York commands in Congress as many votes as eight 
smaller states taken together. 

This produces an undue preponderance in the national councils. 
Moreover, in the population of a state of about three millions of 
inhabitants the sentiment or feelings of nationality begin to be- 
come conscious and substance. This consciousness steeled the 
arms of the American colonists in their struggle for freedom and 
self-government. It will cause trouble in our Union. Factionists 
and intriguers will use it for selfish purposes. 

There is a certain • measure based upon the natural laws of 



NEW STATES. 121 

society for municipal and national state districts and organizations. 
This is a most important subject for the consideration of states- 
men, debating societies, and patriotic citizens in general. The 
population in the states of New York, Ohio, and Pennsylvania 
has reached that number which renders a good republican muni- 
cipal government more and more impracticable. History proves 
that the power of self-government is lost in states of too great 
a populat on. France, with thirty-five millions of inhabitants 
never will be a republic for a longer time than it requires to pull 
down the throne in Paris. She should be first divided into at 
least thirty-five state districts, for the municipal political business, 
with a central federal government like ours, for the national busi- 
ness, to become a stable republic. In a monarchy the municipal 
and national business is blended and centralized. It would be con- 
stantly thrown into confusion if not supported by a powerful 
soldiery, rich hereditary aristocracy, a hereditary dynasty, a 
wealthy state church, and more such props, against which, if well 
combined, a discontented or oppressed people can not do much. 
Bat as soon as these artificial props give way, and especially the 
army turns traitor, the crown rolls into the street, where it is a 
plaything of the mobs. If you understand the federal constitution 
well you will better understand the history of bygone states, em- 
pires, and republics, especially those of France. From this his- 
tory the noble framers of the constitution learned more than 
the Napoleons, Bourbons, and those who made constitutions after 
them. 

This clause, I say, is without precedent, and the mother of 
nineteen new states, peopled by those whom it pleased to seek a 
shelter in this Union. What a beautiful social phenomenon; 
what a picture of human progress; what a triumph achieved by 
that simple honest common sense which has founded our Union ! 

Still, this exceedingly wise proviso, if not wisely executed with 
regard to the population, which naturally accumulates in favored 
localities, will, I repeat it, in the course of time produce trouble. 
Each proviso of a constitution is subject to abuse, as all other 
things in this world. 

Remark here that when the federal constitution was framed 
every state tolerated slavery. Since that time two, only two states 
have been added sanctioning slavery, so that there are at present 

6 



122 THE NATIONAL GOVERNMENT. 

fifteen slave states, all counted, while there have sprung up seven- 
teen free states at the time (1858) of writing this letter. This 
shows what course we take under our constitution. Our march 
is toward freedom on the path of justice and order. 



LETTER XXXIII. 



Territories. — Their Disposal and Eegulation. — Three Periods. — Indian 
Policy. — Territorial Policy. — State Policy. — Kansas Nebraska Act. — 
Missouri Compromise not Constitutional. — Dred Scott Case. 

The following clause refers to the land belonging to the United 
States : — 

" 2. The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory, and other property belonging 
to the United States, and nothing in this constitution shall be so construed 
as to prejudice any claims of the United States, or of any particular state." 

Some say that this proviso should be restricted to the territory 
of the United States at the time of the establishing of the consti- 
tution, but I see not for what practical use, since the nature of the 
case requires a discretional power. Increase of territory was 
foreseen by the framers of the constitution. 

In regard to government, society in the United States goes 
through three periods. The first is entire dependency of thinly- 
settled regions upon Congress, without any state-like organization 
of their own ; it is called the period of the Indian policy. The 
second is the period of territorial organization, lasting until the 
population is large enough to be entitled to state representation in 
Congress. During this period the people make their own laws, but 
the executive and judiciary are appointed and paid by Congress. 
The third period begins when a territory is admitted into the 
Union, on the ground of a republican constitution, as an independ- 
ent state. This once done, the state is an indissoluble part of the 
Union, except Congress should see fit to exclude it on constitu- 
tional grounds, as by adopting a monarchical constitution. If 
people, as the Mormon sect, should abuse their territorial rights, 
Congress may deprive them of such, and place them back under 
a government entirely depending upon Congress. 



TERRITORIES. 123 

This clause has gained of late undeservedly much interest in 
consequence of the change produced by the act of Congress con- 
cerning the organization of the territories of Kansas and Ne- 
braska. Up to the 34th Congress, by a law of Congress of 1820, 
it was declared that in all the territory north of lat. 36° 30 / not 
included within the limits of Missouri, slavery and involuntary 
servitude should for ever be prohibited. By this act Congress 
was involved in the slavery question, which, however, as a -mere 
municipal business does not belong to its business sphere. To 
terminate the eternal, angry debates about this subject in Con- 
gress, it saw fit to abrogate in the bill just mentioned this geo- 
graphical or sectional line, on the ground that the question of 
slavery should be left to the people to decide when they had 
formed a state and accepted a constitution. You, my dear chil- 
dren, will now be able to form for yourselves a pretty correct 
opinion upon this subject. We leave the constitutionality of the 
prior acts to the supreme court to decide upon, since there is not 
the least doubt that Congress, by virtue of the clause under con- 
sideration, has the right to repeal or alter such acts at pleasure. 
But so much is certain, that a Union divided by a political geo- 
graphical line in regard to bound or free labor, commerce, religion 
or anything else, ceases to be a union or unit, but appears as a 
divided thing. This much-talked-of Kansas and Nebraska act 
will work rightly under the constitution, provided only real actual 
settlers have to manage the public business. These will, you may 
be sure, adjust their state constitution to the actual circumstances, 
and this is all they should do. But if there are men allowed to 
vote which are, by the abolition party or others, expressly hired for 
this purpose, the result will be different. That such mercenary 
votes are a fraud and illegal is obvious. 

It is to be devoutly hoped that we shall not hear a single word 
more about bound labor in Congress. If the principle pointed 
out above of free settling of the territories by Americans, Euro- 
peans and Asiatics be right, it is self-evident that no American 
citizen can be excluded from any section of our territories, may he 
keep bound laborers or not. At least, the federal constitution, our 
supreme law of the land, does not contain a single word against 
this principle, as may be presumed considering its origin. 

Allow me to ask here ; would not the often -mentioned family- 



124 THE NATIONAL GOVERNMENT. 

state vote at once prevent party outrages in such instances ? would 
families be liable to be abused for fraudulent voting errands? have 
you ever heard of families going fillibustering ? This proves 
what a great difference there is between the family and the usual 
personal suffrage, how the first naturally guaranties order, and the 
second products all kinds of mischief and social corruption. 
Usurpers, like the Napoleons, understand this difference very well, 
and side with our demagogues. Congress has the power to make 
the laws on the suffrage in the territories. Why not use it ? 

Who has seen the managing of the voting in territories and 
new states will agree that it is impossible, in most instances, to 
distinguish bona fide settlers from fraudulent voters. The real 
bona fide settlers are families, because they are forced by nature 
to found a home. That legislature which first substitutes the 
family suffrage for the personal or general suffrage, relieves society 
of an evil which every patriot and good citizen deeply deplores. 
Its name is mob-rule. 

As the parents are advising and helping their children when 
they are going the first time to housekeeping, so Congress sup- 
ports the young settlements until the appointed time has come for 
the independent management of their own state affairs. This 
kind of transient regulation of territories must be in its nature 
discretionary, and should be borne with cheerfulness, and not re- 
sented by fierce demagoguism and treasonable revolt, as has been 
done in Kansas of late ; for Congress acts for the best of society, 
and does, indeed, nothing but bears the first expenses of the local 
government, which the settlers have in their hands, by making 
their own civil and criminal laws. 

I have perhaps dwelt too long upon these subjects, but you see 
what dangers are surrounding us, and will therefore not be tired 
if I repeatedly recur to important principles to better show their 
working in society. 

Postscript. — After this letter was written, there appeared 
in the papers a notice of a judgment of the United States su- 
preme court in the case of Dred Scott against his master, claim- 
ing his freedom on the ground that he had resided two years, 
by the act of his owner, in a state where slavery was pro- 
hibited by its constitution, and afterward in a territory from 
which it was prohibited by the Missouri compromise. The supreme 



TERRITORIES. 125 

court denies the validity of his claim, and decides the following 
points : — 

First. Negroes, whether slave or free, that is men of the Afri- 
can race, are not citizens of the United States, by the constitution. 

Second. The ordinance of 1787 had no independent constitu- 
tional force or legal effect subsequently to the adoption of the 
constitution ; and could not operate of itself to confer freedom or 
citizenship within the northwest territory on negroes, not citizens 
by the constitution. 

Third. The provision of the act of 1820, commonly called the 
Missouri compromise, in so far as it undertook to exclude negro 
slavery from, and communicate freedom and citizenship to. negroes 
in the northern part of the Louisiana cession, was a legislative act 
exceeding the powers of Congress, and void, and of no legal 
effect to that end. 

In deciding these main points the supreme court determined 
the following incidental points : — 

First. The expression " territory and other property " of the 
Union in the constitution applies " in terms " only to such terri- 
tory as the Union possessed at the time of the adoption of the 
constitution. 

Second. The rights of citizens of the United States emigrating 
into any federal territory, and the power of the federal govern- 
ment there, depend on the general provisions of the constitution, 
which defines in this, as in all other respects, the powers of Con- 
gress. 

Third. As Congress does not possess power itself to make 
enactments relative to the persons or property of citizens of the 
United States in a federal territory, other than such as the consti- 
tution confers, so it cannot constitutionally delegate any such 
powers to a territorial government organized by it under the con- 
stitution. 

Fourth. The legal condition of a slave in the state of Missouri 
is not affected by the temporary sojourn of such slave in any 
other state, but on his return his condition still depends on the 
laws of Missouri. 

As the plaintiff was not a citizen he, therefore, could not sue in 
the courts of the United States. The suit must be dismissed for 
want of jurisdiction. 



126 THE NATIONAL GOVERNMENT. 

This decision settles an unsteady practice which has influenced 
party rancor and virulence. A slave is not born as a citizen, and 
does not acquire by simple manumission citizen rights, any more 
than an immigrant acquires such a right by mere immigration. 
The judgment is plain and just, and in regard to the increasing 
Mongolian immigration very seasonable. 



LETTER XXXIV. 



Guaranty of a Republican Form of Government. — Protection against In- 
vasion and Domestic Violence. — Switzerland. — Hanse Republics. — 
Monarchs. — Greeks. — King Philip. — Amphyctionic Congress. — Euro- 
pean Opinion of the American Political System. — Rev. T. S. Hughes's 
Opinion. — Dangers of our Republic to the whole World. 

We shall soon be through the constitution. It disposes in — 

SECTION IV. 

" The United States shall guaranty to every state in this Union a republi- 
can form of government, and shall protect each of them against invasion ; 
and on application of the legislature, or of the executive (when the legis- 
lature can not be convened), against domestic violence." 

Harmony in a confederation requires that the forms of the gov- 
ernment be of the same kind. Republics and monarchies never 
will form a real confederation. We see how the monarchs are 
treating Switzerland or the little Hanse republics in Germany. 
The Greeks, by admitting King Philip to their republican Am- 
phyctionic Congress, sapped the foundation of their confederacy, 
ending in their subjection to the Macedonians. 

Congress is by this clause pledged to guaranty free govern- 
ments, the most simple, the most natural, and the best, if not per- 
mitted to be abused by lawless and unpatriotic men. The clause 
is plain by itself. Of the common defense, in case of invasion, we 
have read before. In case of domestic violence against the gov- 
ernments Congress shall also provide protection. As long as the 
trouble is merely local, and, of course, not endangering the state 
government, Congress has no right to interfere ; for, in a well- 
governed state, where the executive has a sharp look upon the 



EUROPEAN OPINIONS. 127 

execution of the laws, there will always be force enough to assist 
the authorities in carrying out the laws in such instances. 

European statesmen and writers hold the opinion, that in this 
constitution too little power is given to the federal government 
over the state legislatures, which they generally call provincial 
legislatures. But all who study the federal constitution with an 
eye and keen instinct for business will discover, that in the very 
little or no power at all Congress has over the state governments 
is the very strength of our system. The states, being all repub- 
lics, have only to care for the good management of the municipal 
public business. This is or should be their ambition. Congress, on 
the other hand, is appointed to manage the national business well. 
Therein may its members exhaust all their ingenuity and ambi- 
tion. If both institutions act their parts well, and the people are 
well able to control them practically, the American system of or- 
ganizing society and managing their public affairs, must neces- 
sarily be the best men can devise. When one of those writers 
(Rev. T. S. Hughes, in his English History) says, that our re- 
public is destined, for a time at least, to be the great disturbing 
force of Europe, if not of the world, and so potent for mischief, 
that it becomes a question whether it would not be sound policy 
for all European states to combine for the purpose of curbing its 
encroachments, and counteracting its designs, he little understood 
the merits of this system, and the pivot upon which it moves. All 
that Europe has to do is to let America alone. There is not the 
least danger that this republic will disturb Europe, unless forced 
to resent injurious meddling with their interest. Our internal 
troubles (there will be always some) will be trifling, if we do not 
neglect the voting laws and the distributing of society. 



128 - THE NATIONAL GOVERNMENT. 



LETTER XXXV. 

Amending the Constitution. — Check upon large States — Public Debts. — 
Supreme Law of the Land. — Higher Law Reveries. — Religious and 
Moral Precepts. — Channing. — Philosophical Opinions and Truths, no 
Law. — Sharpe's Rifles. 

Those who made this constitution were honest enough to ad- 
mit it might not be so perfect as they wished to make it, and there- 
fore provided how it might be improved. 

article v. 
Of Amendments. 

"1. The Congress, whenever two thirds of both houses shall deem it ne- 
cessary, shall propose amendments to this constitution, or, on the application 
of the legislatures of two thirds of the several states, shall call a convention 
for proposing amendments, which, in cither case, shall be valid to all intents 
and purposes as part of this constitution when ratified by the legislatures of 
three fourths of the several states, or by conventions in three fourths thereof, 
as the one or the other mode of ratification may be proposed by the Congress ; 
provided that no amendment, which may be made prior to the year one thous- 
and eight hundred and ei^ht, shall in any manner affect the first and fourth 
clauses in the ninth section of the first article; and that no state, without its 
consent, shall be deprived of its equal suffrage in the senate." 

The limitations indicated in this article refer to the prohibition 
of the introduction of slaves, and in the mode of levying a cap- 
itation or direct tax, not to be changed so long as slave property 
could be increased by importation, and to the representation of the 
states in the senate. The first and second restrictions are com- 
promises, and the third a check upon the influence of large states, 
of which I have spoken before, but which requires a special law 
of Congress, also in regard to their influence in the house of repre- 
sentatives. 

ARTICLE VI. 

Miscellaneous. 

"1. All debts contracted, and engagements entered into, before the adop- 
tion of this constitution, shall be as valid against the United States under this 
constitution, as under the confederation." 



UNITED STATES LAWS SUPREME. 129 

It is but just, since changes of the form of government do not 
rescind, change, or destroy the obligations between governments 
and citizens. This is often forgotten in revolutionary times, which 
invariably increase prior public debts. 

"2. This constitution, and the laws of the United States, which shall be 
made in pursuance thereof; and all treaties made, or which shall be made, 
under the authority of the United States, shall be the supreme law of the 
land ; and the judges in every state shall be bound thereby, anything in the 
constitution or laws of any state to the contrary notwithstanding." 

This plainly settles all higher law reveries. I respect deeply 
all religious or moral precepts. They ought to be the fountain 
from which our legislators should draw their wisdom : they should 
be the rules of our life. But what is considered by Channing, in 
his writings on slavery, the duty of free states, spiritual freedom, 
etc., and by his followers, higher law, is no political authority, no 
law, to be executed, but merely a sentiment, an opinion, an ideal. 
Who is not satisfied with our supreme law, as it stands, and with 
the laws made under it, must, in this free country, not rebel against 
them, but quietly suffer them or expiate himself, as hundreds and 
thousands do in Europe, who do not like the established laws 
there. All other expedients are unworthy of a republican citizen 
and an honest man, notwithstanding anything to the contrary in 
the theological, philosophical, metaphysical, and poetical systems 
and doctrines. These are all very well in their way, but, if there 
shall not be confusion without end, law must be their guiding 
star as it is that of a good people. I love our federal constitution 
and our system of governing, because, under it, people may 
enjoy the greatest spiritual freedom, expand freely their noblest 
faculties, so far as circumstances permit. Let then the philoso- 
phers develop the truth, but not enforce their opinions with Sharpe's 
rifles. Every good thing has its proper time for use. 

6* 



130 THE NATIONAL GOVERNMENT. 



LETTER XXXVI. 

Official Oath. — Religious Test abolished. — Party. — Unconstitutional Plat- 
forms. — Sliding Constitutions or Platforms. — Perjury. — Chaplains. — 
Object of Religion. — Separation of Religion from the State. — E Pluribus 
Unum. — Norvus Ordo Seculorum. — Religious Intolerance. — Ratification 
by a Majority of the States. — No Preference of, or Difference between, 
the Old and New States. 

With this letter we have done with the constitution proper. 

"3. The senators and representatives before mentioned, and the members 
of the several state legislatures, and all executive and judicial officers, both 
of the United States and the several states, shall be bound by oath or affirma- 
tion, to support this constitution ; but no religious test shall ever be required 
as a qualification to any office or public trust under the United States." 

Public officers, in order to give a guaranty of their honest in- 
tention, are placed everywhere under such a solemn obligation, 
although it is by some thought superfluous, under a written con- 
stitution, about which there can not be a mental reserve. We have 
seen that it is almost impossible to get a seat in Congress or an 
office, without the intervention of party. It may happen in a 
free country that a party acts upon a platform, which contains 
sectional, anti-union, or unconstitutional conditions. An unscru- 
pulous man may slide such a platform, and by dint of smartness 
and hypocrisy, carry the election, so that he can pass the Rubicon 
of this official oath without a great deal of violence to his con- 
science ; but if he accepts such a platform, swears the oath, as 
prescribed in this clause, and acts and votes according to the plat- 
form and lets slide the constitution, he obviously commits perjury. 
The chaplains of the legislature and Congress should often ex- 
pose this danger of violating the supreme law on party grounds. 
They should do it as the monitors of the moral and religious pre- 
cepts, alias called higher law. I hope to see the crime of perjury 
in regard to this clause, if not punished, always promptly resented 
by the people. Against this oath is the doctrine of instruction ; 
under it Congress is not free, and perjury almost unavoidable. 



RELIGIOUS TEST. 131 

The abolishing of the narrow-minded religious test is consonant 
with the pure and elevated principles of humanity, morality, and 
justice, upon which the constitution has been reared. We all 
know that the object of religion is to induce and bind man to a 
faithful performance of his personal and social duties. In this 
regard all sects and denominations should agree, however much 
they may differ in their rites and creeds. For what rational use 
is then such a test ? It was, therefore, not only a novel, but, as 
time has proved, also a wise and just step forward on the path of 
humanity to exclude a religious test entirely from public offices, 
while it is even at present required by all foreign governments. 

Our constitution has in this manner made religion a private 
affair, obviously considered as such by its framers, and separated 
it from state. For, if the government has no right to require 
such a test, it has no right to interfere with religious affairs at 
all. 

Thus ends this most noble document ! It has, as our national 
escutcheon truly states, successfully united a number of dis- 
cordant states in one stable-confederation (e pluribus unum), and 
opened a new period in the history of mankind (novus ordo secu- 
lorum). It has, upon the rational principles of self-government, 
established justice and civil liberty ; and is not only a master- 
specimen of a free political family compact, but also the first or- 
ganic law, which effectively destroyed the modern Hydra : reli- 
gious INTOLLERANCE. 

ARTICLE VII. 

Of the Ratification. 

" The ratification of the conventions of nine states, shall be sufficient for 
the establishment of this constitution between the states so ratifying the 
same." 

The ratification should take place in conventions of the people. 
A majority of the thirteen states was designated by the constitution 
sufficient for its adoption. Nine of these states ratified instantly, 
and thus began the confederation, four within a year afterward. 
There is not a vestige in the constitution favoring a preference of, 
or a difference between the first thirteen states of the Union and 
those later admitted to it, although some writers insist upon such 
a discrimination. They are led astray by the European notions 



132 THE NATIONAL GOVERNMENT. 

of territorial sovereignty. And thus live under its panoply in 
thirty-two states, twenty-six millions of happy men — they, at 
least, can be such, if they make a right use of their reason. May 
God protect this Union. 



LETTER XXXVII 



Exceptions and Mob Commotions against the Constitution. — Bill of Rights. 
— Amendments. — Religious Establishment. — Freedom of Speech and of 
the Press. — Assembling. — Petition. — Great Britain. — Municipal Le- 
gislation. — Right to bear Arms. — European Legislation. — Municipal. — 
District of Columbia. — Quartering of Soldiers in Time of Peace. — 
Unreasonable Searches in Houses. — Grand jury Indictment. — Double 
Trials. — Process of Law. — Private Property for Public Use. — Muni- 
cipal Legislation. — Speedy Public Trial by Jury. — Witnesses. — Coun- 
sel. — Trial by Jury in $20 Cases. — Blackstone. — Excessive Bail. — 
Enumeration of Certain Rights. — Powers reserved to the States. — Ex- 
tension of the Judicial Power. — Electors. — Presidents compared with 
Crowned Heads. — Executive. — Judiciary compared with the Legislative 
Branch. — Stability of the Federal Constitution. 

Against this constitution were raised strong exceptions, even 
mob-commotions, because it contained no bill of rights, &c. But 
we have seen that all general principles of justice (such as make 
up what is called a bill of rights) were carefully embodied in this 
organic law, so far as they were in harmony with its purpose — the 
organization of the Congress and defining of its business. To do 
more would not have been befitting, or would have been encroach- 
ing upon state constitutions, statute-books, or judicial codes. But 
this would not suit some wiseacres, and therefore a string of 
amendments was proposed, of which the following were approved 
by the good people. I shall pass them over with a few remarks, 
because they are irrelevant. 

AMENDMENTS. 

"Art. 1. Congress shall make no law respecting an establishment of Re- 
ligion, or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press ; or the right of the people peaceably to assemble, 
and to petition the government for a redress of grievances." 

You will see at the first glance, my dear children, that this 



AMENDMENTS. 133 

amendment is superfluous with us, while it may be appropriate 
in Great Britain or elsewhere. By abolishing the religious test 
the constitution has done more in regard to religious freedom than 
this amendment would do, if it stood alone. On the other sub- 
jects, even about the aberrations of the Mormon church, Congress 
has no right to legislate. To say a word about petitions is gra- 
tuitous and improper, our officials being our responsible agents 
and not our lords or royal proprietors, and, therefore, can and 
never will refuse to accept petitions on subjects belonging to their 
business-sphere. The main objects mentioned here belong to 
municipal legislation and not at all to Congress. 

" Art. 2. A well-regulated militia being necessary to the security of a free 
state, the right of the people to keep and bear arms, shall not be infringed." 

Good for Europe. We have read the dispositions of the con- 
stitution about the militia. Congress has no power to legislate on 
the keeping and bearing of arms, except in the District of Co- 
lumbia. 

"Art. 3. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a manner to be 
prescribed by law." 

Is also good for Europe. We have no soldiers in the European 
sense of the word. If our troops should be in need of lodging 
and board, somebody must pay for it. Of course, necessity in 
times of war knows no law, no restraint ; but the right to indem- 
nification after the war, no one can destroy. 

" Art. 4. The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, shall not be 
violated, and no warrants shall issue, but upon probable cause, supported 
by oath or affirmation, and particularly describing the place to be searched, 
and the persons or things to be seized." 

Very well for England and a statute-book of municipal laws, 
but superfluous here. 

" Art. 5. No person shall be held to answer for a capital, or otherwise in- 
famous crime, unless on a presentment or indictment of a grand jury, except 
in cases arising in the land or naval forces, or in the militia, when in actual 
service in time of war or public danger ; nor shall any person be subject for 
the same offence to be twice put in jeopardy of life or limb ; nor shall be 
compelled in any criminal case to be a witness against himself, nor be de- 
prived of life, liberty, or property, without due process of law ; nor shall 
private property be taken for public use, without just compensation." 



134 THE NATIONAL GOVERNMENT. 

This is entirely superfluous, and does not belong to the federal 
constitution ; and, so far as partaining to it, has been provided for 
in the constitution. The maxim, that an accused criminal shall 
not incriminate himself, is equivalent to a prohibition of the con- 
fession of guilt, an utterly immoral and irreligious maxim, more 
calculated to accommodate and harden scoundrels than to promote 
order and realize justice. 

"Art. 6. In all criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the state and district where- 
in the crime shall have been committed, which district shall have been previ- 
ously ascertained by law, and to be informed of the nature and cause of the 
accusation ; to be confronted with the witnesses against him ; to have com- 
pulsory process for obtaining witnesses in his favor, and to have the assist- 
ance of counsel for his defence." 

All this is municipal state-business, and does not belong to the 
federal constitution, and proves that this law was little understood 
by those who moved such an amendment. 

"Art. 7. In suits at a common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, and no 
fact tried by a jury, shall be otherwise re-examined in any court of the 
United States, than according to the rules of common law." 

Also entirely improper for this constitution. Such municipal 
law-details, as the sum of twenty dollars, never belong to any con- 
stitution at all, for they ought to be regulated by a statute accord- 
ing to time and circumstances. If those men, who urged such 
amendments, had had a seat in the convention, which framed the 
federal constitution, it would have been either never made, or be- 
come something entirely different from what it is, most certainly 
a book of several hundred pages old English law lore, copied 
from Blackstone, &c. 

" Art. 8. Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishment inflicted." 

Such things must be left to the judgment of the legislatures, 
and will be taken care of just as well, if not mentioned at all in 
a constitution. 

"Art. 9. The enumeration in the constitution, of certain rights, shall not 
be construed to deny or disparage others retained by the people." 

Is a matter of course. The federal constitution applies merely 
to the organization of Congress, and nothing else, and can, there- 



AMENDMENTS. 135 

fore, not prejudice or alter anything in the social affairs and in- 
dividual rights of the citizens, and in the public business of 
towns, counties, and states. And if, notwithstanding, Congress 
should transgress these limits, all it does would be unconstitutional, 
and null and void. 

"Art. 10. The powers not delegated to the United States, by the constitu- 
tion, nor prohibited by it to the states, are reserved to the states respectively, 
or to the people." 

Is much like Art. 9, and entirely superfluous. 

"Art. 11. The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted against one 
of the United States by citizens of another state, or by citizens or subjects of 
any foreign state." 

I have spoken on this subject elsewhere. It is plain and self- 
evident also, without an express proviso. 

Art. 12. This amendment I have inserted in Letter XXI. It 
alters the forms of the presidential election somewhat, but not ma- 
terially (because the influence of the political parties neutralizes 
or paralyzes the action of the electoral college), as will be seen 
by a comparison of it with the original clause of the constitution;, 
which I insert here : — 

"3. The electors shall meet in their respective states, and vote by ballot 
for two persons, of whom one at least, shall not be an inhabitant of the same 
state with themselves. And they shall make a list of all the persons voted 
for, and of the number of votes for each ; which lists they shall sign and 
certify, and transmit sealed to the seat of the government of the United 
States, directed to the president of the senate. The president of the senate 
shall, in the presence of the senate and house of representatives, open all the 
certificates, and the votes shall then be counted. The person having the 
greatest number of votes shall be the president, if such number be a majority 
of the whole number of electors appointed ; and if there be more than one who 
have such majority, and have an equal number of votes, then the house of 
representatives shall immediately choose by ballot one of them for president ; 
and if no person have a majority, then from the five highest on the list the 
said house shall in like manner choose the president. But in choosing the 
president, the votes shall be taken by states, the representation from each 
state having one vote ; a quorum for this purpose shall consist of a mem- 
ber or members from two thirds of the states, and a majority of all the 
states shall be necessary to a choice. In every case, after the choice of the 
president, the persons having the greatest number of votes of the electors 
shall be the vice-president. But if there should remain two or more who 
have equal votes, the senate shall choose from them by ballot the vice- 
president." 



136 THE NATIONAL GOVERNMENT. 

All pains have been taken, as you see, to always get the right 
man at the helm of the federal state-ship. We can not be but 
satisfied, thus far, with all our presidents. Impartial history will, 
when comparing them with the contemporary crowned heads of 
monarchies, readily yield the palm to them. Their activity is 
limited by the laws of Congress. No doubt, that the executive 
and judicial branches of the federal government are, by far, sur- 
passing the legislative branch, in the prompt and thorough man- 
agement of their affairs. 

The wheel of time sets facts and circumstances in motion. 
They are eternally changing. The mind demands new rules for 
them, but nature remains the same. The sun of Solon illumi- 
nates our paths to-day. The seasons sung by Homer, are still 
inspiring our poets. The child, the youth, the old, follow each 
other in the same order, as when Moses made laws for them. 
Almost as permanent and stable as nature, is our federal consti- 
tution. There is no clause in it, which may require a modifica- 
tion a century hence. I, for one, do not understand, how it could 
be essentially improved by amending. 

Thus we have discussed one of the best state-papers ever made 
by men. It has caused me infinite pleasure to go with you over 
these grounds. They are laid out with great care. The seeds 
planted there, have grown into large, shadowy trees. May it be 
my lot and yours to live long beneath them. 



LETTER XXXVIII. 



Washington's Letter to Congress with the Constitution. — Duties of Con- 
federated States and Individuals. — Consolidation of the Union. — Spirit 
of Amity and Mutual Deference. — Marriage. — No Industry secure with- 
out the Political Organization of Society. 

After the acute politicians of the different states, headed by 
those of Massachusetts, had exhausted their stock of genuine 
English legal lore and native acumen in attempting to improve, by 
amendments, a constitution which they did not know by practice, 
with what result you have seen, it was addressed to the president 
of Congress and accompanied by a letter from General Washing- 



LETTEE OF PRESENTATION. • 137 

ton, president of the convention which framed the constitution ; 
from which the following extracts are taken. They show in a 
remarkably clear manner in what light the constitution was then 
viewed, and what were the objects of its formation: — 

" It is obviously impracticable," so writes General Washington, 
"in the federal government of these states to secure all rights of 
independent sovereignty to each and yet provide for the interests 
and safety of all. Individuals entering into society must give up 
a share of liberty to preserve the rest. The magnitude of the 
sacrifice must depend as well on situation and circumstance as on 
the object to be obtained. 

" It is at all times difficult to draw with precision the line be- 
tween those rights which must be surrendered and those which 
may be reserved; and on the present occasion this difficulty was 
increased by a difference among the several states as to their situ- 
ation, extent, habits, and particular interests. 

" In all our deliberations on this subject we kept steadily in 
our view that which appears to us the greatest interest of every 
true American, the consolidation of the Union, in which is in- 
volved our prosperity, felicity, safety — perhaps our national ex- 
istence. This important consideration, seriously and deeply 
impressed upon our minds, led each state in the convention to be 
less rigid on points of inferior magnitude than might have been 
otherwise expected; a spirit of amity and of that mutual defer- 
ence and concession which the peculiarity of our political situation 
rendered indispensable." 

How true ! These few 7 lines alone delineate the clear, practical, 
sagacious mind of this great and good citizen. As a young 
woman never should enter into the matrimonial compact without 
having before made up her mind to dispense with girlish fancies 
and habits, and begin a life devoted to the duties of the family 
state, where the earnest spirit of mutual deference, concession, 
compromise, and amity must preside, if there shall be union, that 
is. prosperity, felicity, and comfort at home : so should no single 
person, no people organized as a state, think of entering into a 
confederation without dispensing with selfish, anarchical, capri- 
cious, arrogant, unsocial feelings and pretensions ; for. only in such 
feelings consists what General Washington, in his letter, politely 
calls independent sovereignty. 



138 THE NATIONAL GOVERNMENT. 

Man is created a rational social being: we all depend upon 
each other. The political organization of society secures order, 
safety, and compass for our activity. There is no certain plan, 
pursuit, or career practicable without it. -Why, then, should not 
all men of intelligence cheerfully obey the laws of their country, 
especially when made by their own representatives ? 



LETTER XXXIX. 



Committees. — Appointed in the House by the Speaker, in the Senate by 
Ballot. — The Committee of Ways and Means. — Standing Committees. 
— Select Committees. — Committee of the Whole — Three times Read- 
ing of Bills. — Massachusetts. — Twenty-nine Standing Committees. — 
Accusations of Fraud, Corruption, Bribery. — Judiciary. — English Cus- 



A most important part of the machinery by which the public 
business is performed, is the committees. 

In all legislative bodies, the chief business is usually done 
by their committees. To these, all matters of business requir- 
ing investigation and consideration, are first referred, and by 
whom a report is made upon the subject, which report is the 
topic of consideration with the legislature. Committees in the 
house are appointed by the speaker, in the senate by ballot. In 
the house they consist of seven members each, in the senate of 
five. System in legislative work requires such an arrangement. 
The business before Congress is thus divided into classes, with 
an appropriate title for each, and appointing to each a separate 
committee. These classes are, with little variation, the same in 
both houses. By the seventh section of the first article of the 
constitution, it is provided, that all bills for raising revenue shall 
originate in the house of representatives ; hence the house 
have a committee which the senate have not, styled (t The Com- 
mittee of Ways and Means." This committee is one of the 
most important parts of the machinery of legislation, and of the 
government itself; for in it are investigated all the moneyed 
affairs of the nation, and by it are digested and reported the 



COMMITTEES. 139 

various plans of revenue and finance for the support and credit 
of the government. 

The principal committees in either house are: the com- 
mittees on Foreign Relations, on the Judiciary, on Military Af- 
fairs, on Commerce, etc. These committees are called " Stand- 
ing Committees ;" while others appointed for particular occasion 
are called " Select Committees." Besides these, the whole house 
at times resolves itself into a committee, called the " Committee 
of the Whole." The object of this is to obtain greater free- 
dom of debate, under a chairman appointed for the occasion. 
The rules of the house do not govern, but simply order is pre- 
served as in common deliberative assemblages. When the 
Committee of the Whole have finished their discussions, they 
rise, and, like other committees, report to the house, the speaker 
resumes the chair, and the members vote in the house upon the 
acceptance or rejection of the report. 

Every bill or proposition must be read three times previous 
to its passage, and each reading must receive the formal sanc- 
tion of the house. Thus, before a proposition of a member 
may become a law, the bill has to pass three readings, a com- 
mittee, the debate on the report of the committee, then it goes 
to the other house, where it passes through the same stations, 
and, finally, the scrutiny of the president. I should think 
those formalities sufficient for the purpose of getting good con- 
siderate laws ; and still, how few are such. 

This will suffice to grve you an insight in the Congress and 
its working machinery to execute the powers of the constitu- 
tion. A similar law-making machinery is at work in the several 
states and territories. 

In Massachusetts there are generally twenty-nine standing 
committees appointed. They consist of two members on the 
part of the senate, and five on the part of the house. Each 
legislature has its own rules and orders on all such subjects. 

The different legislative bodies are in the habit of examining 
accusations of frauds, corruption, bribery, etc., committed by, and 
referring to, members of such bodies, or by officials appointed 
by them — proceedings, however, which seldom produce the 
desired result. It seems that such investigations should be left 
to the judiciary, whose proper sphere it is to investigate illegal 



140 THE NATIONAL GOVERNMENT. 

acts. The custom is of English origin, where the judiciary 
depends entirely upon the king, and is considered with jealous 
eyes by the parliament and people. Our judiciary is. a part of 
the people and deserves full credit. These exceptionary in- 
quiries are apt to undermine the credit of the legislative body, 
if the accused party is considered not guilty, even when indeed 
it is innocent. Better the law should have with us its regular 
course. 



LETTER XL. 



Knowledge. — Commerce. — Money. — Cotton. — Business is King. — Politi- 
cal Business. — Politicians. — Statesmen. — Genuine and Bogus Politics. — 
Commander Maury's Letters. — Dead Sea. — Telescopes. — Camels. — 
Whales. — Patents. — Patriotism. — Hard Times. — High Salaries. — 
Scarcity of Talent. — Consolidating Cities. — Political and Private, or 
Free Non-political Business. — What it is. — French Emperor. — Pennsyl- 
vania selling State Works. — General Welfare. — Canals. — Competition. 

— Railroads. — Public Debts. — National Political Business. — Congress. 

— Representative System. — Municipal Political Business. — State Legis- 
lature. — Executive. — Judiciary. — Organizer. — Subdivisions. — Coun- 
ties. — Towns. — Representative. — Counties. — Political County Busi- 
ness. — Legislative. — Executive. — Judicial. — Overseer. — Supervisor. — 
County Court. — Representative. — Townships. — Political Town Busi- 
ness. — Threefold. — Mayor. — Aldermen or Selectmen. — Democratic 
Representative. — Working Districts. — State Failure. — Self taxation. — 
Hamburg. — Cities. — Villages. — Size of States, Counties, Towns. — 
Philadelphia. — New York. — Centralization. — Mutual Control. — Euro- 
pean Large Places. — Monarchy. — Its Philosophy and Substance. — Japa- 
nese Cities. — Commodore Perry's Report. — Hakodadi. — Political Arith- 
metic and Geometry. —Measure for Private Affairs. — Crisis. — ; Crash 
of the Largest Business Concerns. — Size of State Confederations. — 
Congress meddling with Non-political and Municipal Local Business. 

— American Ladies. — Character of Free Non-political Business. — 
Science, Arts, Culture, Religion, Commerce. — Society Progressive. — 
States Protective. — Monroe Doctrine. — Licenses. — Liberty of Industry 
in China, Japan, European States. — Publius. — Cantons in Switzerland 
Republics, when consolidated Monarchy. — Great Britain consolidated 
England, Ireland, Scotland, Wales. — Mr. DTsraeli. — Napoleon III. — 
Missouri Compromise. — Division of States. — Stability of Government. 

At certain periods something, call it an idea, genius, or as you 
please, rules the affairs of mankind. Some say that, at present, 



BUSINESS. 141 

knowledge rules the world, others attribute this honor to money, or 
cotton, or commerce. Is this true ? In some respects, yes. But 
over knowledge, money, cotton, and commerce, there rules, no 
doubt, in our age supremely, a stern, logical, mathematical, exact, 
positive, and really tyrannical master, whose name is business. 
Its sway and rights begin now to be more universally felt, appre- 
ciated, and respected, and nowhere more than in the United States. 

"What are the thirty millions hoarded in the banks of New York 
without business ? Mere dross. What are the ships in our har- 
bors without business ? Floating Spanish castles. What is all our 
knowledge, skill, enterprise, and industry, without business ? A 
sickly thing in a crisis. Business is king. It is the godfather of 
practical knowledge. It is industry drilled and in march. With- 
out hard thinking, exertion, perseverance, experimenting, diligence, 
and labor that sweats the brow — in one w r ord, without methodi- 
cal business, there is no true knowledge, no real wealth. Show me 
a single dollar, book, or other thing made by man, which is not the 
product of business. Mere knowledge is culture, too often un- 
practical, until business gives it tone, form, animation, and creative 
force. Mere gold is glitter. But let it be carried by business 
into the streets, streams, wheels, cars, carts, shops, factories, stores, 
offices, upon the highways and seas, and, magic-like, it will trans- 
form the most common, inert, heterogenous, rare, and incongruous 
things and elements into a living, blissful, harmonious, mutually- 
benefitting whole ! 

The middle ages were dark, because business was either unknown 
or despised and persecuted. The sword and mitre were then king 
of the land. But business prevailed upon the sea, and soon con- 
quered the land. Since, it has been coveted, privileged, respected, 
taught, and skilfully systematized in the house, market, and on the 
field ; it is now conducted with the precision of the solar system, 
operating with the velocity of electricity, and working with the 
combined forces of races and elements. See how it presses the 
" dolce far niente" gents and " poco curante" lazzaroni -loafer- 
drones in Italy (a railroad in Eome !) Spain, Mexico, and else- 
where into its service ! how it taps, I will not say stupid, but dark 
Africa, opens quaint Japan, finds its way into Chinese Tartary 
deserts, and wherever idleness or false power hovers about or un- 
appropriated nature sleeps ! Its sway is universal. Proud em- 



142 THE NATIONAL GOVERNMENT. 

perors and haughty queens, arrogant sabre knights and dull brev- 
iary monks bow before it, and become business men in their turn. 
Yes, business is king, and an honest, skilful business man.the true 
nobleman of our age. 

It is foreign to the scope of my letters to give you a full picture 
of the immense power and sway of this modern autocrat. All I 
can do is to say, that the earth, heavens, and sea are tributary to 
him ; that all men are his subjects ; and even the most abject 
loafer — that is, a being who shuns business — can not drag on his 
miserable existence without being a cause of business to others, 
perhaps jailors or hangmen, as the case may be. 

I have, however, to confine myself to one business branch, viz., 
the political, which, to explain, requires quite a book. It would 
fill a library to tell you all about the diverse branches of business, 
from that of Rothschild down to the Jilitier, from the trunk rail- 
road to the cartman, from the cotton-spinner to the needlewoman, 
from the miner to the pinmaker, from the planter to the fruit- 
vender, from the Appletons to the rag-picker, from the whaler to 
the oysterman, from the ocean telegramist to the news pedlars, 
etc., for each has its own sphere, science, system, history, manipu- 
lations, chances, and rights. Now, to understand the working of 
republican constitutions and parties, one must well know what is 
political business and what not, and what difference there is be- 
tween politicians and statesmen. I most certainly would not 
trouble you so much with those things, if the happiness of fami- 
lies or society were not so closely connected with it. Think of 
California, Kansas, Utah, to say nothing of Mexico, Nicaragua, 
South America, Spain, Italy, Hungary, etc. 

If the best men in all ages devoted their wealth, comfort, ener- 
gies, and even their lives to politics, it must be something better, and 
of more importance to the human family, than what passes under 
this name in the newspapers and general conversation. What 
would be our Union, if Washington and his noble compatriots had 
devoted their lives exclusively to agricultural, mercantile, or manu- 
factural pursuits ? And what is their merit ? They understood 
the art of politics well. They were real statesmen, acting for the 
general welfare, differing entirely from those who are at present 
called politicians — that is, mere placemen, or traders with the 
public affairs for their personal advantage. 



POLITICAL BUSINESS. 143 

When Mr. Commander Maury, in his valuable Letters to his 
Sons, advised them not to meddle with politics, he took, of course, 
this word in its improper sense ; but when I have told you, my 
sons : Study politics well, that you may become masters of this 
art, and thoroughly acquainted with its bearing upon society, I 
used the word in its proper sense. 

What public or political officers, in their capacity at public ex- 
pense, are doing is public or political business, right or wrong. 
The examination of the water of the Dead sea, the exploration 
of the whaling grounds, the explanation of the best sailing routes, 
the looking through government telescopes, the riding on govern- 
ment camels, at government expense, and the records, maps and 
books published thereupon by the government ; hospitality and 
fireworks at public expense, all this is public or political busi- 
ness. It will be admitted, however, that these examples, and all 
that is done by political officers, besides the realization of justice, 
is spurious or improper political business, because it is originally 
private business. Any traveller may taste the water of the Dead 
sea, any w haling captain may tell the world all about the feeding 
grounds of the whales and the best methods of catching them, etc., 
etc., and at very trifling expense, too, while our Congress has 
spent for such spurious political business, in two years, six millions 
of dollars ! Is not this practice utterly wrong ? 

Congress is bound to protect private rights and business, but not 
to embark in it, or divulge whaling, fishing, manufacturing, and 
scientific arcanas. I have heard bitter complaints of the congres- 
sional whaling revelations, because stirring up uncalled-for com- 
petition. This apropos. 

Patriotic and well-informed statesmen established our Union, 
and organized the federal government on sound principles, leaving 
the organization of the municipal affairs to their posterity. But 
their place is now occupied by speculators in politics. Are only 
" hard times" raising patriotic men ? Is the flower patriotism not 
perennial, but only centennial ? 

They well know that the genuine political business, especially 
that belonging to the states, is not very lucrative, except the sala- 
ries are high and afford a chance for accumulation. The pretext 
for them is that talent is scarce and very high in price ; that new 
offices are required for certain business, as for compromising or 



144 THE NATIONAL GOVERNMENT. 

conciliation, insolvencies, banks, railroads, etc., which may be by 
the ordinary officials attended to as well. But their most success- 
ful operations consist in manufacturing bogus political business, 
which they do by drawing free social business into the spheie of 
states, for which purpose they even break down constitutional-town, 
county, or city organizations, and consolidate them, as they call 
this operation, to get larger spheres for monopolizing gas and rail- 
road companies, and all kinds of contracts and jobs beyond the 
possibility of a control by the people. These tactics are the 
cause of exorbitant taxes, debts, and inevitable corruption. Badly- 
governed New York city alone, consequently, pays as much in 
city taxes as a respectable well-managed kingdom in Europe in 
state taxes. To stem, now, this wrong current in public affairs 
so detrimental to society, I beseech you, and all men and women, 
to learn and understand well exactly what is political business and 
what is not. 

In a society organized like ours, on the natural and rational 
principle of self-government, the following objects are private or 
free social and not political business, viz : industry, as commerce, 
manufactures, agriculture, speaking, lecturing, preaching, teaching, 
printing, painting, sculpturing, etc. : further, education irf families 
not to be interfered with by church or state officials; instruction 
in schools, academies, colleges, universities, etc.; literature ; reli- 
gion; charity in regard to poor, infirm, sick, etc.; travelling; 
migration ; communications by canals, railroads, etc. With these, 
and similar affairs, free governments have directly nothing to do, 
and should provide in regard to them only general laws, for the 
administration of justice when needed. A free state government 
indeed never should have the means for such business. In free 
society men are presumptively perfectly able to manage those 
objects alone ; and this ability constitutes indeed the great differ- 
ence between free and subject society. Subjects, as such, admit 
that they expect from their governments that they should do all 
for them. The French emperor said this, without reserve, of the 
Frenchmen, in his speech from the throne to the legislative body, 
in 1857, and therefore condescended to give advice about the fer- 
tilizing of the lands in Gascogne. How you would laugh if our 
president or one of our governors should indulge in such advice ! 
Still, Congress meddles with similar things, as seed, books, etc. ; 



FREE SOCIAL BUSINESS. 145 

and states have embarked in the building of canals and railroads, 
and the manufacturing of salt, etc. This being no political business 
at all, the consequence has been imposition, fraud, corruption, ex- 
travagant expenses, high taxes, undue patronage, overindebtedness 
and bankruptcy of such states. I refer here only to Pennsylvania 
and New York. There is no probability that any of our states 
which aim exclusively at the realization of justice ever will be in- 
volved in debt or insolvency. The government of Pennsylvania 
is returning to sound doctrine and disposing of its state railroads 
and canals. All other states involved in similar speculations 
have to follow this example as fast as possible. 

But you may perhaps object : does not this circumscribe the 
activity of governments too much ? Is it not the duty of Con- 
gress to promote the general welfare ? I am aware that these 
words occur in the preamble of the constitution. They have 
been made use of by speculative politicians of all parties for all 
kinds of schemes, and too often they have succeeded in carrying 
them out at enormous public expense. The truth is, however, 
that no government can promote the general welfare of society 
better than by paying its undivided attention to the realization of 
justice. If a government should build a canal on account of the 
general welfare, it must begin with injustice ; because such a work 
would be built at general expense, to which all those who carry 
freight now forwarded on the canal, also have to contribute. The 
government breaks down, by its canal, teamsters and carriers, 
without offering any indemnification, and forces them besides 
to pay taxes for the canal and its indebtedness. Instead of 
protection and justice, this class of citizens and all those con- 
nected with the prior transportation business, are ruined by the 
state. Later some private citizens construct cheap and expedi- 
tious railroads, which supercede by competition the government 
canal. This canal being backed by state power requires the rail- 
roads to be taxed for its support — a tax which is called " dis- 
criminating duties.'' Thus begins and ends such a canal in in- 
justice, simply because government meddles with a private business 
never belonging to its proper province. Private people among 
themselves are equal in regard to competition, but not private 
persons and governments. This applies to books, salt, academies, 
universities, hospitals, and everything governments undertake 

7 



146 THE NATIONAL GOVERNMENT. 

at public expense which does not properly belong to their 
sphere. 

If all governments embark in private business, for example, 
railroad building, express lines, freight and passenger transporta- 
tion on land and sea, they can not avoid running the race of com- 
petition together, as it happens between the Pennsylvania and 
New York state-works, between the New York and Canadian 
canals and railroads, between the English, French, and United 
States mail-steamers. This race, of course, is carried out with 
more or less recklessness, at the expense of the people who are 
thus saddled with debts and high taxes. Every one who argues 
fairly, and has a lively sense of what is right between govern- 
ments and governed, will admit that on one hand the applying of 
the powerful forces of state institutions in such a direction is 
against the object and dignity of government, and, on the other 
hand, that justice alone produces the highest social happiness and 
welfare imaginable. For this we are exclusively indebted to the 
art of politics ; because it teaches how to organize society for this 
elevated noble purpose. 

I hope the time is near when our governments will vie with 
each other in regard to the best law codes, the promptest admin- 
istration of justice, the greatest public order, economy, and safety, 
and leave their intelligent, enterprising, wealthy, and very specu- 
lative citizens at liberty to take care of the rest. 

If you understand the nature of the non-political or private busi- 
ness well, I can be short in the description of the political business. 
This is two-fold — national and municipal — generally committed to 
the care of one institution, called a state. The American states, 
when framing the constitution, separated the national from the muni- 
cipal business, and left the first to the functional care of Congress. 

First. Of the national political business belonging to Congress 
we have spoken : it is exceedingly well specified in the constitu- 
tion. It is managed by accountable and responsible representa- 
tives, and never by the people directly. After deducting this 
business there remains — 

Second. For a state the business of organizing society politi- 
cally, that is, for the ends of justice in municipal regard ; setting 
up for this purpose a constitution, appointing a government, viz : 
a legislature, executive, and judiciary ; dividing society into smaller 



POLITICAL BUSINESS. 147 

political districts, viz : counties and townships, cities and villages ; 
distributing the political business, viz : the legislative, executive, 
and judicial, among them ; controlling it ; organizing the state 
(executive) forces and finances ; enacting all general laws, codes, 
and statutes. The state institution is also managed by accountable 
representatives, and as supreme sovereign organizer of society 
never should be what I call a working district. You will see that 
without states there would be no Congress. (In regard to the 
state officials, I refer to the letters on the constitution of the state 
of New York, in the second part). 

Third. To the counties rightfully belong political local business 
of importance, and concerning people in several towns. It is, 
like the state business, legislative, executive, and judicial, and 
refers to important civil and criminal cases, prisons, penitentiaries, 
forming of associations under general laws, roads, bridges, inland 
harbors, county forces, finances, state elections, etc. There occur 
supervisors, sheriffs, judges, jurors, etc. This district is also a 
representative and working district. At the head of the execu- 
tive, in imitation of the federal constitution, should be appointed 
a single responsible officer, perhaps called overseer. 

Fourth. To the townships or towns rightfully belong the public 
local business of a more personal or detail character, as voting, 
census, measures, weights, common schools, sidewalks, streets, 
taxation, abating of nuisances, minor civil and criminal cases, 
police, etc., generally enumerated in the statute books. 

The town organization force is but little developed. It may 
easily be used for hypothecation systems, for mutual insurance 
objects, and for various other purposes, even with the help of 
ladies' associations. This will be done if left more free by the 
busybody legislatures. 

They are the principal working districts, where often the 
private and public affairs are blended. They alone are truly 
democratic. They make by-laws, which are executed by the 
mayor. Why should not, in uniformity with the federal con- 
stitution, every township have one executive, assisted by con- 
stables or policemen? They have selectmen or aldermen — 
the same thing in reality as representatives of the people — and 
assistants of the executive. The judiciary consists of town judges 
or justices of the peace, clerks, etc. 



148 THE NATIONAL GOVEENMENT. 

If you will examine the merits of a government, begin first 
with the towns (communes), and the management of their pub- 
lic affairs, before you devote much time to the reading of the 
constitutions of the states, and diplomatic documents, messages, 
and other state papers. These may all bear a high character, 
contain the loftiest sentiments, proclaim the soundest principles, 
still if the towns (cities, villages) are disorderly, full of row- 
dies, stained with crimes, overburdened with taxes, buried in 
debts, or in the hands of mobs or vigilance committees, then 
you may safely hold that the state institution itself is an impos- 
ture or a failure, whatever may be its name. If you will study 
the political character and public morals of our people, do not 
go to Washington when Congress is in session ; spend no time 
in metropolises or large cities. No, go into a town and attend 
several town meetings, and see how the citizens, fresh from the 
field, anvil, and counting-room, converse, debate* speak and re- 
solve, under a moderator, on their public affairs. 

A general symptom of public corruption is public debts. 
France and Great Britain take here the lead. Spain owes 
seven hundred, Switzerland two million dollars. Including the 
political bank paper-money, the people of the United States 
have a large public debt, almost as large as Russia, viz., four 
hundred millions, a country where public corruption and pro- 
fligacy are the rule. 

If the towns are independent in their home affairs — under 
state control, of course — the spirit of patriotism and a brisk 
emulation among the townships will be kept alive, and a perma- 
nent home feeling and warm attachment created, from which will 
spring up those deeds of charity and munificence which are the 
true glory of a free country. The genuine blessings of liberty 
ripen there. A true home attachment can only grow up in such 
a town. And this is the reason why sensible citizens, after liv- 
ing a while, during the busy stage of life, in large cities, gene- 
rally terminate it within the precincts of a town. A state con- 
stitution should contain the general organic dispositions on the 
formations of towns. It might be well to forbid the creating of 
public debts, and make self-taxation in towns the rule ; it is better 
than assessing. Free men are well aware that public business 
and services cause expenses. In the free city of Hamburg, the 



SIZE OF STATE, COUNTY, TOWN. 149 

principal taxes are raised by self-taxation. The citizens assess 
themselves, and state the amount of their property in writing. 
These statements are recorded, and a tax-roll made out. If a 
fraudulent estimate is discovered, a revision of the case takes 
place at the expense of the citizen, and if there is fraud proved 
or neglect prevalent, he moreover exposes himself to punishment 
for thus violating his duty as a citizen. It is said, by all who 
know Hamburg, that this self-assessing never gives cause to com- 
plaint, and acts admirably well. It is the only just and respect- 
able manner to raise taxes among free men. We may still learn 
something from Europe. 

Exceptions from this districting are incorporated cities and vil- 
lages. If the towns are well organized, and, when growing too 
populous, conveniently divided, the incorporation of cities, only 
leading to bad centralization, may be obviated entirely. Most 
European cities were priorly fortresses, and therefore densely 
built up. 

It is self-evident, that if in the towns and counties the laws are 
well executed, society will be in order, and that if not, neither the 
states proper nor Congress can do much to avert the evil result- 
ing from a bad execution of the laws. 

It is further obvious, that for a good performance of the neces- 
sary political affairs, it is indispensable to make those districts of the 
right proportionate size, that is, neither too large nor too small 
in regard to population. The best business men can not perform 
a task which is not adequate ; therefore, the right proportion we 
may learn from history and experience. A republican state, to 
preserve its character well, should not contain much over one 
million of inhabitants, equal to two hundred thousand voters or 
families ; a rural township not much over ten thousand inhabi- 
tants, equal to two thousand families ; a city-like built township 
not much over twenty thousand inhabitants, equal to four thou- 
sand families ; and a county not over five urban or ten rural 
towns. 

The real cause of the downfall of republics and of their ex- 
pensive and corrupt administration, is their imperfect organiza- 
tion with regard to size, population and business, depriving the 
citizens of the facility to control the latter and their officials well. 
Their mutual social control must be preserved under all circum- 



150 THE NATIONAL GOVERNMENT. 

stances. In monarchies the prince takes studiously the self-con- 
trol out of the hands of the people. He fetters even for this 
purpose the press and public discussion, and prohibits meetings, 
etc., supplying it by a pyramid of official bureaus, controlling 
each other, or, as the case may be, deceiving each other. This 
is called bureaucracy. 

The centralization of the business in New York, Philadelphia, 
and similar cities, makes it unwieldly. The citizens of such 
places are not able to control their officials, being strangers to 
each other. This applies also to towns and counties. Even in 
monarchical Europe, where the people are controlled by officials, 
large cities are not so much centralized in regard to their admin- 
istration as New York. Paris has at least twelve mayoralities or 
municipalities; London is divided into some thirty odd wards, 
with an alderman for each, who together are properly the subor- 
dinate governors of their respective wards, under the direction of 
the lord-mayor, whom they elect. Besides, there is a legislative 
council, forming a court of two hundred and fifty members. 
Dresden, of about one hundred thousand inhabitants, is divided 
into three districts, which possess corporative rights and jurisdic- 
tion. Generally, the modern suburbs of old cities are under 
separate jurisdictions and administrations. Moreover, large places 
are there guarded by strong garrisons, and often by fortifications 
and citadels. Centralization has with us become more than a 
fashion — a mania. Men have a strong desire for forbidden 
things. Monarchy is a forbidden fruit for us ; still, by central- 
izing towns, by letting towns grow up to states, and states to em- 
pires, we follow the monarchical policy. The centralization of 
the public business, especially the legislature, in a few hands, is 
the philosophy and substance of monarchy. To keep the busi- 
ness resulting from it in one or a few hands, with the emoluments, 
patronage, and influence, standing armies are made use of. Still, 
neither standing armies, nor castes, nor state churches would help 
make monarchies without the previous centralization of the 
political business. By devoting, in the outset, a county for a 
city, as has been done in New York, Philadelphia (?) San Fran- 
cisco, etc., and making thus a clean sweep with the townships, we 
graft a monarchical scion upon the liberty tree of a free so- 
ciety. 



SIZE OF STATE, COUNTY, TOWN. 151 

It is a political error, except we give to the wards a similar 
organization which properly belongs to the townships, which, 
of course, would then involve a mere change of names. All 
regularly-settled states, counties, and towns, within the size I 
have indicated, are, so far as 1 am acquainted with them, well 
managed, and free of corruption, which proves the correctness 
of my position. 

Exceptions make mushroom states or territories, as California, 
Kansas, Utah, forced into existence by extraordinary circum- 
stances. Their failure proves that republics are not the work of 
miners, projectors, and Sharpe's rifle associations and priestcraft. 
So we may safely argue that all states, counties, and towns, be- 
yond the indicated size, have outrun their republican career. 
They may, under favorable circumstances, be for a while well 
managed ; still, this is then more the work of accident than of 
necessity. Gradually and irresistibly corruption will creep in, 
and increase in proportion as the mutual control becomes less 
practicable. This is a most important truth. 

You will now see why, especially our large cities, swim in con- 
stant trouble, either with their officials or with mobs ; because 
the first, can not grasp the business, and if they could, do not 
serve long enough to become thoroughly acquainted with it, or 
they may do as they please, being without a practical control of 
the people ; and further, because mobs will invariably rise under 
such circumstances. We can reform this. According to all we 
know of the Japanese, they understand very well how to or- 
ganize large, densely-populated districts, evidently by avoiding 
the centralization of the public business, and by sustaining inde- 
pendent town organizations, as the following extract from Com- 
modore Perry's report will show. He says, page 437, vol. ii. of 
Hakodadi : — 

" The town contains a thousand houses (probably ten thousand 
inhabitants), belonging to the imperial fief of Matsmai, and is the 
largest town on the island of Tesso, with the exception of Mats- 
mai, from which it is distant about thirty miles in an easterly 
direction. An excellent road connects the two places, and a large 
trade is carried on between them. This town is regularly built, 
with streets running at right angles with each other. They are 
between thirty and forty feet in width, and all carefully macadam- 



152 THE NATIONAL GOVERNMENT. 

ized to allow of the proper draining of water. There are open 
gutters on each side, which receive the drippings of the houses 
and the washings of the street, and also well-constructed sewers, 
through which the surplus water and the refuse are poured into 
the bay. The sidewalks, which are frequently paved, are curbed 
with stone planted on edge as with us ; but as no wheeled car- 
riages are found in the town, the middle of the street is used 
indiscriminately in dry weather by the pedestrian. Hakodadi, 
like all the Japanese towns, is remarkably clean, the streets being 
suitably constructed for draining, and kept, by constant sprinkling 
and sweeping, in a neat and healthful condition. Wooden picket 
fences with gates cross the streets at short intervals ; these are 
opened for the passage of the people during the day, but closed at 
night. The same municipal regulations obtain in Hakodadi as in 
all the other towns of Japan. The inhabitants of the several 
streets (blocks, wards) form so many separate communities, as it 
were, responsible for the conduct of each other, each governed by 
an official called 'ottona' (alderman), who is also held responsi- 
ble for the good order of the people under his especial charge, 
and these ottonas are also made responsible for the conduct of 
each other. The gates and picket fences would seem to mark 
out the separate fields of duty of these officials. At one side of 
the street, among the houses, there is ordinarily a sentry-box for 
a watchman, whose duty it is to guard the town against disturb- 
ance, and give early notice of the occurrence of fire. A general 
quiet pervades the streets — no turbulent mob disturbs the general 
peace and tranquillity." 

I regret that this voluminous pictorial report is silent about the 
city government proper, its costs, income, election, appointment, 
taxes, etc. The administration of the cities in America and 
Europe is still so imperfect, that such information should have 
taken the place of the many useless pictures and local descrip- 
tions in this work. But this notice, as meagre as it is, is highly 
significant and instructive. The distribution of the police should 
be imitated at once. The mutual control and responsibility of the 
wards and the night police are excellent. By such minute dis- 
tricting large densely built-up towns can be alone made orderly. 

Much depends upon the political arithmetic and geometry. 
Without minding its rules, our society must and will become un- 



SIZE OP CONFEDERATION. 153 

ruly. Who can, should shun with his family large places with 
centralized administrations, to be not troubled by mobs, corrup- 
tion, high exorbitant taxes, public debts, vigilance committees, 
extras, and other evils incident to such defective political organi- 
zations. 

There is, also, a certain just measure for private affairs, as for 
everything, which to transgress is imprudent. Experience proves 
that over-large farms, manufactures, railroads and similar works, 
yield less revenue, suffer more from the ever-occurring fluctuations 
of trade,' and are more exposed to losses by fraud than smaller 
controllable establishments of this kind. In the late crisis, the 
crash began with the largest business concerns. But private 
business being foreign to my subject, I must leave it to you to 
ponder upon that which is " overlarge " in this regard, and add 
rather a few words about the proportion of a confederation like 
ours. Upon this subject the political geography has naturally 
much influence. The introduction of steam and telegraphs, and 
other mechanical discoveries, facilitate the uniting of numerous 
small states. If the central government be strictly confined to 
national business, it may be extended until the political geography 
advises or forces to stop. 

If Congress is to meddle with such business as road-building, 
sand-banks, snags and flats removing, hospital and harbor build- 
ing, cotton-seed, plants, Dutch tulips, sugar cane, camels, books 
and pictorials, and the like, then our confederation is already much 
too large. Instead of making the seed-man for the farmers, and 
the livery -stable man for those who cross the Plains, it should 
first discharge all legitimate claims against its treasury, to give a 
telling example of Christian righteousness and Washingtonian 
scrupulous honesty to the people. 

Thus we see how important is a correct understanding of what 
is exactly political business and what not, and where it ought to 
be performed, and the right size of the public business-districts. 
System is a natural condition of our mind. Wherever combined 
labor is required, it is brought into a system, and divided, dis- 
tributed, and so employed that, with proper supervision, it must 
work well. The necessity of system, order and proportion, is as 
self-evident in educational, mechanical, manufacturing, mercantile, 
and agricultural establishments, as in households, towns, counties, 

7* 



154 THE NATIONAL GOVERNMENT. 

states, and confederations of states. A written regulation for any 
one of these concerns may be as well called a constitution ; but 
it is usual to give this name only to one for a social political 
organization. Still its object is the same : regulation of labor, 
business, or functions. From this plain common-sense view, we 
comprehend best why political organizations or constitutions ought 
to be strictly adapted to the actual state of society and business, 
or, in one word, ought to be practical, and not visionary and 
Utopian. The American ladies are excellent organizers. I hope, 
then, that my letters will find favor with them, however long and 
tedious they are, according to the jejune nature of their subjects. 

The non-political business, if free, is immensely expansive and 
progressive, like society itself. Sciences, arts, religion, commerce, 
etc., belong to all, are for all. But the political business is con- 
fined to certain districts. Governments are not universal not for 
all; their business is exclusive, conservative, stable, protective. 
It is, as I mentioned before, a mistake to call the state institutions 
progressive. Society alone is progressive under it, and therefore 
this ought to be stable to prevent confusion. Insular position, like 
that of Great Britain, or distance from powerful nations, like that 
of the United States, increases this exclusiveness, and adds to the 
security and strength of the government. From the exclusive 
character of the political business, sprung up what is called the 
Monroe doctrine, or the principle that no government has a right 
to meddle with the affairs of others. This principle applies with 
as much force to families, towns, and counties, as to states and 
nations, because each of those concerns is, within its proper sphere, 
exclusive or independent. This rule may be extended over a con- 
tinent, viz. over America, in regard to Europe, etc., if all Ameri- 
can governments would adopt and execute it. This principle, 
however, will fall to the ground, if all states aim at nothing but 
justice, for then there would be no chance for interference or en- 
croachments, or even treaties, at all. 

By means of licenses a certain class of public business is com- 
mitted to the care of private persons, as the establishing and 
building of ferries, bridges, roads, etc., who derive their rights 
from the tenor of the license, which they forfeit by violation. 
Justice towards the public is the true cause of this expedient. 
Still many governments, also in the United States, have this licen- 



LICENSES. 155 

sing^xtended for the purpose of raising revenues, which, of course, 
is an abusive infringement of free social business, as commerce, 
trading, industry, etc. 

The real humane development and culture depends upon the 
liberty of industry. In the proportion governments interfere with 
it, man is enslaved. The lowest degree is absolute serfdom. 
Then come the Chinese and Japanese systems, which admit a cer- 
tain degree of internal industrial freedom, but are exclusive in 
regard to foreigners. The system of classifying the trades, and 
arming them with monopolistic privileges, still prevalent in many 
states on the European continent, follows next. Then we meet 
the different custom systems, which are more or less exclusive, or 
— Chinese. Even the patent rights must be mentioned here. 
There has not existed a single government which, in one way or 
another, even only by raising taxes, has not interfered with the 
liberty of industry, so that one may come to the conclusion that a 
full enjoyment of this freedom from all shackles is impracticable, 
if not impossible. Still, the truth can not be denied that a full ex- 
pansion of humanity depends upon the full enjoyment of this 
noble gift of nature. 

u The interest of the man must be connected with the consti- 
tutional rights of the place," so says Publius (A. Hamilton) in 
one of his excellent articles on the federal constitution in the 
Federalist. This is perfectly right, because by such a connection 
these interests are protected. E^ence the necessity not to unsettle 
or disturb these constitutional rights, and my ardent pleading for 
good stable town and county organizations by the constitution, in 
order to render the naturally settling down force of business se- 
cure. 

The same writer and statesman remarks, that a great difficulty 
of free governments is to create an effective control of them. 
Now, is not the only practical and effective self-control of a gov- 
ernment in a constitution which expressly prohibits to meddle, by 
special laws, with the constitutional business of towns and coun- 
ties, and with the free non-political business of society at large, 
school-books and the bible included ? 

Men of culture are attached to their business interests like 
slaves to their masters. It is also well known that the regular 
occupation of man leaves an indelible impression upon his charac- 



156 THE NATIONAL GOVERNMENT. 

ter and manners. The same is true of the political business. 
Consolidate the public affairs of the small state-districts, called 
Cantons in Switzerland, and soon the government of the whole 
will become monarchical, and the same men who were with soul 
and body. republicans, will become with body and soul monarchical 
subjects, because their interest, their business, is managed in a 
monarchical manner. 

All the power of the English government is a product of busi- 
ness centralization, eulogized by DTsraeli in his late speech against 
the Palmerston cabal. Still the " military disasters," the com- 
plaints of the clumsy management of the army and the civil ser- 
vice, filling the blue books for years, are the result of this business 
accumulation in London. Of course, Napoleon III. praised cen- 
tralization highly in his speech at the occasion of the celebration 
of the enlargement of the Luxembourg palace. 

Let us apply this political business-theory to an important event 
at home, the abolition of the so-called Missouri compromise. Why 
is this, I ask, a most judicious statesmanlike political act? An- 
swer : because it removes from Congress the last vestige or pre- 
cedent of a power to legislate on a local business, bound labor, 
which does not belong to its constitutional sphere, the direct con- 
sequence of which now is, the full liberty to divide overgrown 
states in the north, without exciting the fear of the southern states 
about their local domestic affairs, by altering the senatorial repre- 
sentation. You see that by a slight mistake about such a single 
plain local business — all labor is business — we may risk the 
stability of our Union, because our southern fellow-citizens will 
rather secede from the Union than give up the management of 
their own local interests ; and by doing so they are pre-eminently 
right, and those who interfere with them exceedingly wrong. 

It remains for me to answer a single question more, before I 
conclude this long epistle ; that is, what government is the most 
stable ? that which allows the greatest liberty of industry. A 
government which follows the opposite theory must surround it- 
self by a great number of officials of all sorts, in which regard 
we have again to mention first the Chinese and Japanese govern- 
ments as examples. Commodore Perry, in his report, complains 
often of swarms of officials and spies, commanded to exclude the 
people from the intercourse with the Americans. The vexatious 



LICENSES. 157 

busybodiness of tbe mandarins is well known. Then follow 
Russia, France. Austria, Prussia, etc., with their public, secret, 
and detective police, gendarmes, custom-line guards, standing 
armies, etc., etc., contrivances which, in their nature, interfere 
with industry, are galling to the people, and undermining the 
stability of governments. People, with a delicate frame of mind, 
revolt at the idea that a government may fetter the press, confis- 
cate books and papers, or tamper wifh the spelling and reading- 
books in schools. The first may cost Napoleon III. his crown, 
the second will deprive a republican government of its dignity, 
the crown which adorns it and gives it authority. Also, the busi- 
ness of teaching should enjoy full liberty. Upon the use of 
school-books the teacher has to decide, and not statesmen. 

Suppose there should be a class of the citizens, from theologi- 
cal reasons, opposed to the use of the bible in the public schools, 
and a political party interested in the vote of this class, and the 
legislature attempted to enforce by law the use of the bible for 
instruction, then this party would oppose the law, in order to profit 
by that vote. If now the use of the bible depends upon the law 
or state interference, and not upon the free agency of teachers 
and parents, the bible will likely remain excluded from all pub- 
lic schools as long as the government is allowed to interfere with 
such private affairs ; while the use of this book would be almost 
general if it depended, as it ought, wholly upon teachers and 
parents to decide whether it shall be used or not. But let me 
conclude this rambling over the immense field of occupation, in- 
dustry, and business. 



158 THE NATIONAL GOVERNMENT. 



LETTER XLI. 

Election Impulses. — Social Movements organized in the United States, 
Health producing. — Social Movements in Europe destructive. — Famine, 
Gold, Conquest, Religion, Liberty. — Main Social-Impulses. — Liberty- 
Impulse of the Republican Party. — American Party acting unimpulsive. 
— Dear Union-Impulse of the Democratic Party. 

I add an article, for the benefit of party politicians, written on 
the result of the presidential election in 1856, which may have 
a bearing upon the election in 1860. 

Masses and large assemblages move by impulses, which may- 
be right or wrong, genuine or sham, according to circumstances. 
Masses do not reason like individuals. Reason is cold, void of ca- 
loric, the impulses of society are warm, electric, and powerful, like 
those which lift the ocean waves from their repose, while those of 
individuals are like the forces which make a rivulet meandering. 
Still individuals and society, like rivulets and oceans, require for 
their health motion. In free society like ours the motion of the 
masses is foreseen, organized, legalized, the individual is master 
of himself; in subject society, however, like that in Europe, its 
motion is left to nature, social tempests, called wars, emeutes, rev- 
olutions, and the individual is bemastered by restrictions, caste 
distinctions, and a great many other political and clerical contri- 
vances well known. Social movements in Europe are mostly de- 
structive, while with us they are a necessary part of our social 
regimen and well-being. As a general thing famine, gold, con- 
quest, religion, and liberty are the main impulses of grand social 
movements. 

The presidential election which just moved the social sea of 
twenty-six millions can not be understood without an examination 
of the various impulses at work. The movement of the republi- 
cans was propelled by the impulse of liberty (and gold or offices 
besides), that of the democrats by the impulse of union (with the 
same indispensable golden appendage) ; the effort of the Americans 
did not amount to an impulse. Hunger or famine, conquest or 
religion, the great social impulses in Europe, Asia, etc., had, of 



ELECTION IMPULSES. 159 

course, nothing to do with the fourth of November, this movement 
being appointed by law. It is obvious that in free society only 
that impulse should succeed at national elections which is just re- 
quired by circumstances. Now, I ask, was the liberty-impulse 
of the republicans, indeed, a necessity, or merely manufactured 
for the political trade ? My opinion is that it was spurious and 
mere sham, because in our country the impulse of liberty has been 
long ago, at the time of the revolution and by the successful es- 
tablishing of the federal constitution, entirely used up ; both events 
have rendered us sufficiently free, independent, and self-governing. 
When the republicans cried out on the stump, in the tabernacle, 
in Wall street, " we strike for liberty," everybody must have been 
struck by the folly and absurdity of the thing in our absolutely 
free society. 

But there are slaves in the southern states ! Well there are. 
Can they, in our free and well-organized society, be freed by a so- 
cial movement, or anybody else but their masters ? Sane men in 
Massachusetts have as little to do with this business in Georgia or 
Kansas, as with the liberation of the subjects in Great Britain 
and of the serfs in Russia. This sham liberty impulse has been 
justly rebuked in the city of New York. It failed there in spite 
of the most tremendous exertion of a host of able editors, power- 
ful speakers, and inspired preachers to the contrary notwithstand- 
ing. People here appreciated this charlatan liberty-cry well. 
But not so in the distance ; there people believe in the Metropoli- 
tan and Boston liberty stuff, as they are apt to patronize other 
charlatans from these latitudes. Hence the total failure of the 
republicans here, and their comparative success in the provinces. 
Nobody is easier carried away by the liberty impulse than the 
Europeans, from very natural reasons. The most influential Ger- 
man newspapers joined the republicans. 

The Americans have been entirely unsuccessful because they 
acted unimpulsive from the beginning. A secret society for the 
control of the public affairs is not impulsive, but to a great many 
indeed repulsive-, and so it is the disapproving of the abolition of 
the Missouri line ; so it is the prolongation of the Congressional 
naturalization term of five years, actually disregarded by all state 
legislatures. Even the sentiment that we shall be ruled by our 
own laws, can never act as a social impulse, because it is a plain 



160 THE NATIONAL GOVERNMENT. 

matter-of-course. All this is not moving, not propelling, not 
warming — it is political, cold water clinic. 

Now, was the union-impulse, which moved the democratic 
masses, the true one in our time 1 The result of the election says, 
yes ! It was high time to settle in the Union by a decisive pop- 
ular vote the most vexatious business-question : shall the legisla- 
tion of the late Congress in regard to the equal rights of our cit- 
izens in the territories to rule themselves by their own laws, as the 
rest of us, also in regard to free and bound labor, be conclusive or 
not 1 That people in Pennsylvania were not deceived by the lib- 
erty agitation, like others, is owing to their steering for this union- 
result since 1819, by resolves of their legislature and state dem- 
ocratic committee, an important item in the history of this election. 

The plain result of this grand election movement is, then, that 
the union sentiment is a stronger social impulse than abstract lib- 
erty, and justly so, because without a firm harmonious union we 
could not enjoy our liberty at all. May this sentiment predomi- 
nate for ever. 

I mentioned the year 1860. Then returns the presidential elec- 
tion and a new run for the offices and their emoluments. It may 
be that pretext, liberty of the slave, will then be again made use 
of to strengthen the party out of office and power. You will know 
then what it means, and not be deceived. 



DECLARATION OF INDEPENDENCE. 161 



LETTER XLII. 

Declaration of Independence. — Defining of the Position of the Young Na- 
tion. — Explanation of the Sentence, "that all men are born equal." — 
Jefferson's Letter explaining it. 

Ix this letter I devote a few words to the Declaration of Inde- 
pendence, adopted, after an animated debate, on the 4th of July, 
1776, by the Congress. Its author, as you know, was Thomas Jef- 
ferson, the most illustrious compeer of "Washington. The princi- 
pal object of this celebrated document was: To define the position 
of the young nation and its government ; to declare why a sepa- 
ration from the government of Great Britain had taken place, and 
to enlisten the sympathies of the civilized nations and their govern- 
ments in their favor. This declaration bears the character of the 
exciting times ; it boldly defies the authority of a proud royal mas- 
ter, who could not listen to humble reiterated petitions for relief 
and remonstrances against arbitrary legislation in small matters, 
involving, however, important principles. It was, for the time-be- 
ing, the platform of the young American nation, upon which the 
war of the Revolution was fought. You may call it an arraign- 
ment, an appeal, a challenge, or the " shriek" of an outraged peo- 
ple ; but it is no law. It takes high ground, in powerful words, 
which, when sharply examined, would not always bear criticism. 
The sentence, that all men are created equal, is not exactly true, 
both physically and politically. Not two men, even not two chil- 
dren in the same family, are created alike. The same diversity 
which distinguishes all created things, animate and inanimate, 
prevails in our race. Politically men are as different as the poli- 
cies under which they are born. Not two men are politically 
equal, and never will be. "Women and men are never absolutely 
equal in political regard. There is no absolute equality of civil 
rights, although every member of society has a right to be treated 
according to the general principles of justice. Such allocutions 
to nations, or to masses, meetings, etc., are of a rather poetical 



162 DECLARATION OP INDEPENDENCE. 

nature, calculated to rouse the feelings. Only in this form they 
answer to their purpose ; it is wrong to take them from another 
view. All platforms, all addresses of generals to their armies 
on the battle-field, belong to the same class of literary and ora- 
torical products. If this sentence has a political meaning, it is no 
other than that the authors of this declaration were of the opinion, 
that privileged classes, as nobles, possessed of exclusive heredi- 
tary rights, as governing, exemption from taxes, etc., are incompat- 
ible with justice. And then it was a seasonable fling at the Eng- 
lish king and nobility, who opposed the independence of the thir- 
teen colonies, because the people there were born subjects of the 
English crown. This was especially opposed by Jefferson. In a 
much later letter, dated Monticello, June 24, 1827, upon an invi- 
tation to the anniversary of American Independence, the patriot 
wrote : " May it [our form of government] be to the world what 
I believe it will be, [to some parts sooner, to others later, but 
finally to all], the signal of arousing men to burst the chains un- 
der which monkish ignorance and superstition had persuaded 
them to bind themselves, and to assume the blessings and security 
of self-government. The form which we have substituted restores 
the free right to the unbounded exercise of reason and freedom of 
opinion. All eyes are opened or opening to the rights of man. 
The general spread of the lights of science has already laid open 
to every view the palpable truth, that the mass of mankind has 
not been born with saddles on their backs, nor a favored few, 
booted and spurred, ready to ride them legitimately, by the grace 
of Godr 

No better explanation of the true meaning of this much-dis- 
puted sentence can be found than that in these lines of the author 
of the Declaration of Independence. He hated in 182^ as well as 
in 1776, the men who pretend that they are born expressly to rule- 
mankind. This Jefferson considered wrong, and denied that God 
ever had created a man for this purpose. So you may never mis- 
take this sentence about the equal creation of men, as so many do, 
from mere party views, or a too strictly literal interpretation. 



DECLARATION OF INDEPENDENCE. 163 

DECLAKATION OF INDEPENDENCE, JULY 4, 1776. 

The unanimous Declaration of the Thirteen United States of America in Con- 
gress assembled. 

When, in the course of human events, it becomes necessary for one people 
to dissolve the political bands which have connected them with another, and 
to assume among the powers of the earth the separate and equal station to 
which the laws of nature and of nature's God entitled them, a decent respect 
to the opinions of mankind requires that they should declare the causes 
which impel them to the separation. 

We hold these truths to be self-evident : that all man are created equal ; 
that they are endowed by their Creator with certain unalienable rights ; that 
among these are life, liberty, and the pursuit of happiness ; that, to secure 
these rights, governments are instituted among men, deriving their just 
powers from the consent of the governed ; that, whenever any form of gov- 
ernment becomes destructive of these ends, it is the right of the people to 
alter or to abolish it, and to institute new government, laying its foundation 
on such principles, and organizing its powers in such form, as to them shall 
6eem most likely to effect their safety and happiness. Prudence, indeed, will 
dictate that govermcnts long established should not be changed for light and 
transient causes ; and, accordingly, all experience hath shown that mankind 
are more disposed to suffer, while evil are sufferable, than to right themselves 
by abolishing the forms to which they are accustomed. But when a long 
ti*ain of abuses and usurpations, pursuing invariably the same object, evinces 
a design to reduce them under absolute despotism, it is their right, it is their 
duty, to throw off such government, and to provide new guards for their 
future security. Such has been the patient sufferance of these colonies, and 
such is now the necessity which constrains them to alter their former systems 
of government. The history of the present king of Great Britain is a his- 
tory of repeated injuries and usurpations, all having in direct object the es- 
tablishment of an absolute tyranny over these states. To prove this, let 
facts be submitted to a candid world : — 

He has refused his assent to laws the most wholesome and necessary for 
the public good. He has forbidden his governors to pass laws of immediate 
and pressing importance, unless suspended in their operation till his assent 
should be obtained ; and, when so suspended, he has utterly neglected to at- 
tend to them. He has refused to pass other laws for the accomodation of 
large districts of people, unless those people would relinquish the right of 
representation in the legislature — a right inestimable to them, and formi- 
dable to tyrants only. He has called together legislative bodies at places 
unusual, uncomfortable, and distant from the repository of their public rec- 
ords, for the sole purpose of fatiguing them into compliance with his mea- 
sures. He has dissolved representative houses repeatedly for opposing with 
manly firmness his invasions on the rights of the people. He has refused, 
for a long time after such dissolutions, to cause others to be elected ; where- 
by the legislative powers, incapable of annihilation, have returned to the 



164 DECLARATION OF INDEPENDENCE. 

people at large for their exercise — the state remaining, in the meantime, ex- 
posed to all the dangers of invasion from without and convulsions within. 

He has endeavored to prevent the population of these states — for that 
purpose obstructing the laws of naturalization of foreigners, refusing to pass 
others to encourage their migration hither, and raising the conditions of new 
appropriation of lands. 

He has obstructed the administration of justice, by refusing his assent to 
laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the tenure of their of- 
fices and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms of offi- 
cers to harass our people and eat out their substance. 

He has kept among us, in times of peace, standing armies, without the 
consent of our legislatures. 

He has affected to render the military independent of, and superior to, the 
civil power. 

He has combined with others to subject us to a jurisdiction foreign to our 
constitution and unacknowledged by our laws — giving his assent to their 
acts of pretended legislation. 

For quartering large bodies of armed troops among us ; for protecting 
them, by a mock trial, from punishment for any murders which they should 
commit on the inhabitants of these states ; for cutting off our trade with all 
parts of the world ; for imposing taxes on us without our consent ; for de- 
priving us, in many cases, of the benefits of trial by jury ; for transporting 
us beyond seas to be tried for pretended offences ; for abolishing the free 
system of English laws in a neighboring province, establishing therein an ar- 
bitrary government, and enlarging its boundaries, so as to render it at once 
an example and fit instrument for introducing the same absolute rule into 
these colonies ; for taking away our charters, abolishing our most valuable 
laws, and altering, fundamentally, the forms of our governments ; for sus- 
pending our own legislatures, and declaring themselves invested with power 
to legislate for us in all cases whatsover. 

He has abdicated government here by declaring us out of his protection 
and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, and des- 
troyed the lives of our people. 

He is at this time transporting large armies of foreign mercenaries to com- 
plete the works of death, desolation, and tyranny, already begun with cir- 
cumstances of cruelty and perfidy scarcely paralleled in the most barbarous 
ages, and totally unworthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the high seas, to 
bear arms against their country, to become the executioners of their friends 
and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections among us, and has endeavored to 
bring on the inhabitants of our frontiers the merciless Indian savages, whose 
known rule of warfare is an undistinguished destruction of all ages, sexes, 
and conditions. 



DECLARATION OF INDEPENDENCE. 165 

In every stage of these oppressions, we have petitioned for redress in the 
most humble terms. Our repeated petitions have been answered only by re- 
peated injury. A prince, whose character is thus marked by every act which 
may define a tyrant, is unfit to be the ruler of a free people. 

Nor have we been wanting in attentions to our British brethren. We have 
warned them, from time to time, of attempts, by their legislature, to extend 
an unwarrantable jurisdiction over us. We have reminded them of the cir- 
cumstances of our emigration and settlement here. We have appealed to 
their native justice and magnanimity, and we have conjured them, by the 
ties of our common kindred, to disavow these usurpations, which would in- 
evitably interrupt our connections and correspondence. They, too, have 
been deaf to the voice of justice and of consanguinity. We must, therefore, 
acquiesce in the necessity which denounces our separation, and hold them, as 
we hold the rest of mankind, enemies in war, in peace, friends. 

We, therefore, the representatives of the United States of America, in 
general Congress assembled, appealing to the Supreme Judges of the World 
for the rectitude of our intentions, do, in the name, and by the authority of 
the good people of these colonies, solemnly publish and declare that these 
united colonies are, and of right ought to be, free and independent states ; 
that they are absolved from all allegiance to the British crown, and that all 
political connection between them and the state of Great Britain is, and 
ought to be, totally dissolved ; and that, as free and independent states, they 
have full power to levy war, conclude peace, contract alliances, establish 
commerce, and to do all other acts and things which independent states may 
of right do. And for the support of this .declaration, with n firm reliance on 
the protection of Divine Providence, we mutually pledge to each other our 
lives, our fortunes, and our sacred honor. 



166 Washington's circular letter. 



LETTER XLIII. 

Federalist. — Hamilton. — Monroe. — Jay. — Washington's Circular Letter 
to the Governors of the several States. — Articles of Confederation a loose 
Wickerwork. — Enviable National and Political Condition of the Citizens 
of America. — Civilization. — A Compact Indissoluble Union, a Sacred 
Regard to Public Justice, a Proper Peace Establishment, a Good Friendly 
Mutual Feeling among the People, the Four Essential Things to the Weil- 
Being, Existence, and Independent Power of the United States. —Liberty 
is the Baisis of the Whole. — Crisis, Political and Monetary. 

You know from the history of the United States that the first 
effort to form a government under certain articles of confedera- 
tion was almost a total failure. To save the country, some dis- 
tinguished patriots wrote a series of anonymous articles in favor 
of a better Union, now collected in a book called the Federalist. 
The authors were Hamilton, Monroe, and Jay. Washington 
never wrote except in his official duty. But a few productions 
of his pen may have exercised more sway over the minds of his 
countrymen than books. They are patterns for official reports, 
which, in modern times have vastly degenerated. That you may 
have them at hand I insert here an extract from a circular letter, 
written by General Washington, as commander-in-chief of the 
armies of the United States of America, to the governors of the 
several states, dated, Headquarters, Newburgh, June 18, 1783. 
In this letter he states, first, that he is preparing to resign and 
return to that domestic retirement which it is well known he left 
with the greatest reluctance, and after the great object of his 
public activity had been accomplished. He further offers, before 
retiring from public service, his sentiments respecting some im- 
portant subjects which appeared to him to be intimately connected 
with the tranquillity of the United States. That he did not give 
them to the public at large, or to Congress, but laid them before 
the governors of the young independent states, was a happy hit 
of that common-sense sagacity of which few men possessed an 
ampler share than Washington. The people were oppressed by 



Washington's circular letter. 167 

the burdens of the war ; the present Union far from being formed ; 
the articles of confederation a loose wickerwork which could be 
broken down by the defeat of a single state ; the citizens were in 
a state of fermentation, harboring expectations difficult or impos- 
sible to realize, and even inclined to revolt. (Shay's revolt). 
How wise was it, then, under these critical circumstances, to make 
the governors, instead of a book or newspaper, the depositories of 
his sentiments ! Nothing was better calculated to dispose them 
favorably for their realization as state measures. The principal 
subject of this address is in his own words, as follows : — 

" The citizens of America, placed in the most enviable condition, as the 
sole lords and proprietors of a vast tract of continent, comprehending all the 
various soils and climates of the world and abounding with all the necessa- 
ries and conveniences of life, are now, by the late satisfactory pacification, 
acknowledged to be possessed of absolute freedom and independency ; they 
are from this period to be considered ns the actors on a most conspicuous 
theatre, which seems to be peculiarly designed by Providence for the display 
of human greatness and felicity. Here they are not only surrounded with 
everything that can contribute to the completion of private and domestic en- 
joyment, but Heaven has crowned all its other blessings by giving a surer 
opportunity for political happiness than any other nation has ever been favored 
with. 

" Nothing can illustrate these observations more forcibly than the recol- 
lection of the happy conjuncture of the times and circumstances under 
which our republic assumed its rank among the nations. The foundation 
of our empire has not been laid in a gloomy age of ignorance and supersti- 
tion, but at an epoch when the rights of mankind were better understood and 
more clearly defined than at any former period. Researches of the human 
mind after social happiness have been carried to a great extent; the treasures 
of knowledge acquired by the labors of philosophers, sages, and legislators, 
through a long succession of years, are laid open for use; and their collected 
wisdom may be happily applii d in the establishment of our forms of govern- 
ment. The free cultivation of letters, the unbounded extension of commerce, 
the progressive refinement of manners, the growing liberality of sentiment, 
and, above all, the pure and benign light of revelation, have had a meliorating 
influence on mankind and increased the blessings of society. At this auspi- 
cious period the United States came into existence as a nation, and if their 
citizens should not be completely free and happy, the fault will be entirely 
their own. 

" Such is our situation and such are our prospects. But notwithstanding 
the cup of blessing is thus reached out to us — notwithstanding happiness is 
ours if we have the disposition to seize the occasion and make it our own, 
yet it appears to me there is an option still left to the United States of 
America whether they will be respectable and prosperous or contemptible and 



168 Washington's circular letter. 

miserable as a nation. This is the time of their political probation ; this is 
the moment when the eyes of the whole world are upon them ; this is the time to 
establish or ruin their national character for ever; this is the favorable 
moment to give such a tone to the federal government as will enable it to 
answer the ends of its institution; or this maybe the ill-fated moment for 
relaxing the powers of the Union, annihilating the cement of the confedera- 
tion, and exposing us to become the sport of European politics, ivhich may play 
one state against another, to prevent their growing importance, and to scribe their 
own interested purposes ; for, according to the system of policy the states shall 
adopt at this moment, they will stand or fall; and by their confirmation or 
lapse, it is yet to be decided whether the revolution must ultimately be con- 
sidered as a blessing or a curse ; a blessing or a curse not to the present age 
alone, for with our fate will the destiny of unborn millions be involved. 

" With this conviction of the importance of the present crisis, silence in 
me would be a crime. I will therefore speak to your excellency the lan- 
guage of freedom and sincerity, without disguise. I am aware, however, 
those who differ from me in political sentiments may perhaps remark I am 
stepping out of the proper line of my duty; and they may possibly ascribe 
to arrogance or ostentation what I know is alone the result of the purest 
intention ; but the rectitude of my own heart, which disdains such unworthy 
motives — the part I have hitherto acted in life, the determination I have 
formed of not taking any share in public business hereafter, the ardent desire 
I feel and shall continue to manifest of quietly enjoying in private life, after 
all the toils of war, the benefits of a wise and liberal government — will, I 
flatter myself, sooner or later convince my countrymen that I could have 
no sinister views in delivering with so little reserve the opinions contained in 
this address. 

"There are four things which I humbly conceive are essential to the well- 
being, I may even venture to say, to the existence of the United States as 
an independent power : — 

" First. An indissoluble union of the states under one head ; 

" Second. A sacred regard to public justice ; 

" Third. The adoption of a proper peace establishment; and 

" Fourth. The prevalence of that pacific and friendly disposition among the 
people of the United States which will induce them to forget their local pre- 
judices and politics, to make those mutual concessions which are requisite to 
the general prosperity, and, in some instances, to sacrifice their individual 
advantages to the interest of the community. 

" These are the pillars on which the glorious fabric of our independence 
and national character must be supported. Liberty is the basis, and whoever 
would dare to sap the foundation or overturn the structure, under whatever spe- 
cious pretext he may attempt it, will merit the bitterest execration and the severest 
punishment which can be inflicted by his injured country !" 

This will amply compensate you for all ennui which I may 
have caused you by these letters. You will, from the tenor of this 
extract, of which I have put some lines in italics, be aware how 



Washington's circular letter. 169 

clearly the political creation, the present United States of America, 
was projected or rather cast in the mind of this great master of- 
the political art. This beautiful and dignified address evidently 
produced the most beneficial effects. The fourth point should be 
the apostolic rule for all Congress and assemblymen, put into all 
political platforms, on all party banners, at the head of each issue 
of a political paper. Dignity, the prominent feature of Washing- 
ton's character, is the secret of power depending upon public 
opinion. This secret seems to be lost in Congress and legislatures 
and our public affairs in general. The political party press has 
much to answer for it. 

When General Washington wrote those lines the nation was 
in u a portentous crisis," in his own words, owing to the imperfect 
organization of the national affairs. The different crises the 
people of the United States have witnessed since, and which have 
retarded their steady onward progress so much, originated mostly 
in defective municipal organization and legislation, especially in 
regard to the monetary affairs. As by the federal constitution all 
causes for political national crises have been happily removed ; it 
is now with the states to stop their tampering with the currency. 
which mars the splendid picture drawn by Washington of the 
future of this nation. 

8 



170 WASHINGTON'^ FAREWELL ORDERS. 



LETTER XLIV. 

Defenders of the Country. — Popularity. — Citizen-soldier. — Standing- Ar- 
my-Soldier. — Washington. — Frederick. — Napoleon. — Conquest. — 
Vain-glory. — Universal Peace. — Dualistic Nature of Man. — Farewell 
Orders to the Armies by Washington. — Review of the Past Struggle. — 
Conduct for the Future. 

Those who sacrifice their lives for their country, when in 
danger of war, will always command the esteem of their fellow- 
citizens, and acquire great popularity, especially if the war be 
one of defence for the protection of liberty, and required by jus- 
tice and honor. There is, however, a great difference between a 
citizen-soldier or general and a hired standing-army-soldier or 
princely commander. The Americans are so fortunate as to 
have in Washington a perfect pattern of a citizen-general, while 
the Europeans are proud of their great Fredericks and Napoleons. 
It is of the highest importance that a citizen should never in- 
dulge in ambitious ideas of conquest. No general was ever freer 
from them, and of the pernicious passion of military vain-glory 
than Washington. Although a republican government, by itself, 
is not in need of the support of a standing army, like that of a 
prince, still, as mankind are organized, no commonwealth can ex- 
ist, as such, without a strong arm for the common defence. Univer- 
sal peace is an absolute idea, like that of general virtue, goodness, 
etc. We, as rational beings, can form such ideas ; but the abso- 
lute universal perfection, which they pre-suppose when realized, 
mankind never will attain, because it is against our nature. This 
is of a dualistic kind, as life and death, wisdom and foolery, good 
and bad, etc., mixed up in such a manner that we are not able to 
form an idea of good without the help of its opposite, that is, 
bad. No one would sigh for eternal peaee if he was not sur- 
rounded by an eternal conflict of antagonistic forces. It is, then, 
clear that the rights of nations can not be maintained without an 
adequate extensive establishment for the common defence, as the 



Washington's farewell orders. 171 

federal constitution speaks of the military force, just as the rights 
of individuals would be entirely insecure without the institution 
of courts, jails, etc. 

All I desire from you, my sons, in this regard, is to keep the 
example of a citizen-soldier, as set up by General Washington, 
before your eyes, when in times that try men's hearts and cour- 
age you are called to arms for the defence of your country. 
Read the following extract, from his farewell orders to the ar- 
mies of the United States, dated Rocky Hill, near Princeton, 
November 2, 1783. I insert them in my letters because they 
come from the greatest pattern of a citizen-soldier, and they ob- 
viously contain sentiments, which have influenced the public men 
of his time, and especially those who framed the federal consti- 
tution. He says : — 

" Before the commander-in-chief takes his final leave of those he holds 
most dear, he wishes to indulge himself a few moments, in calling to mind a 
slight review of the past : he will, then, take the liberty of exploring with 
his military friends, their future prospects, of advising the general line of 
conduct which, in his opinion, ought to be pursued ; and he will conclude 
the address by expressing the obligations he feels himself under for the 
spirited and able assistance he has experienced from them in the perform- 
ance of an arduous office. 

" A contemplation of the complete attainment (at a period earlier than 
could have been expected) of the object for which we contended against so 
formidable a power, can not but inspire us with astonishment and gratitude. 
The disadvantageous circumstances, on our part, under which the war was 
undertaken, can never be forgotten." 

" In order to remove the prejudices which may have taken possession of 
the minds of any of the good people of the states, it is earnestly recom- 
mended to all the troops, that with a strong attachment to the Union, they 
should carry with them into civil society the most conciliating dispositions ; and 
that they should prove themselves not less virtuous and useful citizens, than 
they have been persevering and victorious as soldiers. What though there 
should be some envious individuals who are unwilling to pay the debt the 
public has contracted, or to yield the tribute due to merit, yet let such unwor- 
thy treatment produce no invective, or any instance of intemperate conduct; 
let it be remembered that the unbiased voice of the free citizens of the 
United States has promised the just reward, and given the merited applause ; 
let it be known and remembered that the reputation of the federal armies is 
established beyond the reach of malevolence ; and let a consciousness of 
their achievements and fame still excite the men who composed them, to 
honorable actions, under the persuasion that the private virtues of economy, 
prudence and industry, will not be less amiable in civil life than the more 



172 Washington's farewell orders. 

splendid qualities of valor,* perseverance, and enterprise we're in the field. 
And, although the general has so frequently given it as his opinion, in the 
most public and explicit manner, that unless the principles of the federal, govern- 
ment ivere properly supported, and the powers of the Union increased, the honour, 
dignity, and justice of the nation would be lost for ever, yet he can not help repeat- 
ing, on this occasion, so interesting a sentiment, and leaving it as his last in- 
junction to every officer and every soldier who may view the subject in the 
same serious point of light, to add his best endeavors to those of his worthy 
fellow-citizens, toward effecting these great and valuable purposes, on which 
our very existence as a nation so materially depends I" 

We learn here again how this eminent man and citizen, and true 
prototype of a civil and military chief, tried to realize his great 
idea of a more perfect union of the then liberated colonies. How 
nobly does he speak to his fellow-soldiers and companions ! He 
concludes this address with the following touching words : — 

"Being now to conclude these his last public orders, to take ultimate leave, 
in a short time, of the military character, and to bid a final adieu to the ar- 
mies he has so long had the honor to command, he can only again offer, in 
their behalf, his recommendations to their grateful country, and his prayers 
to the God of armies. May ample justice be done them here, and may the 
choicest of heaven's favors, both here and hereafter, attend those, who under 
the divine auspices, have secured innumerable blessings for others. With these 
wishes and his benediction, the commander-in-chief is about to retire from 
service. The curtain of separation will soon be drawn, and the military 
scene to him will be closed for ever '' 

Under such a commander, could the final issue of the war be 
doubtful? It makes one a better man and citizen to read Wash- 
ington's public documents. They are monuments more lasting 
than brass. You must keep them before your mind as perfect 
patterns of just and noble sentiments, that when comparing them 
with the products of modern politicians in Congress and legisla- 
tures, you may easily separate the wheat from the chaff, and be 
guided by them through life. 



Washington's farewell address. 173 



LETTER XLV. 

Washington elected President. — Organization of the General Government. 
— Retires from the Presidency. — His Farewell Address to the People of 
the United States, Sept. 17, 1796. 

Gen. Washington was not permitted to enjoy his rural re- 
tirement long, which, like the ancient Roman republicans, he loved 
so much. The legislature of Virginia chose him a member of the 
convention which framed the federal constitution ; he was the pre- 
siding officer of this most important assemblage, and, by the grate- 
ful people, elected as their first president, under the constitution 
which bears his name, and for which he labored so long. He or- 
ganized the government, was elected for a second term, and this 
he closed with an address to the nation, universally known as 
Washington's Farewell Address, and acknowledged by all think- 
ing men as an eminently clear and true exposition of the common- 
sense principles of free democratic governments. I have added 
appropriate heads, and recommend it to your most careful atten- 
tion. It is the real foundation of our American common law, con- 
sidering the source from which it comes, of more value than Eng- 
lish, Roman, and Greek law-maxims, and precedents. I add it 
entire as follows : — 

Declining a Re-election. 

"Friends and Fellow Citizens — The period for a new 
election of a citizen to administer the executive government of the 
United States being not far distant, and the time actually arrived 
when your thoughts must be employed in designating the person 
who is to be clothed with that important trust, it appears to me 
proper, especially as it may conduce to a more distinct expression 
of the public voice, that I should now apprize you of the resolu- 
tion I have formed, to decline being considered among the num- 
ber of those out of whom a choice is to be made. 
Reasons for Declining. 

" I beg you, at the same time, to do me the justice to be assured, 



174 

that this resolution has not been taken without a strict regard to 
all the considerations appertaining to the relation which binds a 
dutiful citizen to his country ; and that, in withdrawing the tender 
of service which silence in my situation might imply, I am in- 
fluenced by no diminution of zeal for your future interest, no de- 
ficiency of grateful respect for your past kindness ; but am sup- 
ported by a full conviction that the step is compatible with both. 
State Reasons for serving a Second Time. 

" The acceptance of, and continuance hitherto in, the office to 
which your suffrages have twice called me, have been a uniform 
sacrifice of inclination to the opinion of duty, and to a deference 
for what appeared to be your desire. I constantly hoped that it 
would have been much earlier in my power, consistently with mo- 
tives which I was not at liberty to disregard, to return to that re- 
tirement from which I had been reluctantly drawn. The strength 
of my inclination to do this, previous to the last election, had even 
led to the preparation of an address to declare it to you : but ma- 
ture reflection on the then perplexed and critical posture of our 
affairs with foreign nations, and the unanimous advice of persons 
entitled to my confidence, impelled me to abandon the idea. 

The State of the Public Affairs favors his Retirement from Office. 

" I rejoice that the state of your concerns, external as well as in- 
ternal, no longer renders the pursuit of inclination incompatible 
with the sentiment of duty or propriety ; and am persuaded, 
whatever partiality may be retained for my services, that, in the 
present circumstances of our country, you will not disapprove my 
determination to retire. 

" The impressions with which I first undertook the arduous 
trust were explained on the proper occasion. In the discharge 
of this trust, I will only say, that I have with good intentions con- 
tributed toward the organization and administration of the gov- 
ernment, the best exertions of which a very fallible judgment 
was capable. Not unconscious, in the outset, of the inferiority of 
my qualifications, experience in my own eyes, perhaps still more 
in the eyes of others, has strengthened the motives to diffidence 
of myself : and every day the increasing weight of years admon- 
ishes me more and more, that the shade of retirement is as neces- 
sary to me as it will be welcome. Satisfied that if any circum- 



Washington's farewell address. 175 

stances have given peculiar value to my services, they were tem- 
porary, I have the consolation to believe, that while choice and 
prudence invite me to quit the political scene, patriotism does not 
forbid it. 

Sentiments of Gratitude for Confidence. 
" In looking forward to the moment which is intended to ter- 
minate the career of my public life, my feelings do not permit me 
to suspend the deep acknowledgment of that debt of gratitude 
which I owe to my beloved country, for the many honors it has 
conferred upon me ; still more for the steadfast confidence with 
which it has supported me ; and for the opportunities I have 
thence enjoyed of manifesting my inviolable attachment, by ser- 
vices faithful and persevering, though in usefulness unequal to my 
zeal. If benefits have resulted to our country from these ser- 
vices, let it always be remembered to your praise, and as an in- 
structive example in our annals, that under circumstances in 
which the passions, agitated in every direction, were liable to 
mislead — amidst appearances, sometimes dubious — vicissitudes of 
fortune often discouraging — in situations, in which not unfre- 
quently, want of success has countenanced the spirit of criticism 
— the constancy of your support was the essential prop of the 
efforts, and a guaranty of the plans by which they were effected. 
Profoundly penetrated with this idea, I shall carry it with me to 
my grave, as a strong incitement to unceasing wishes, that heaven 
may continue to you the choicest tokens of its beneficence — that 
your union and brotherly affection may be perpetual — that the 
free constitution, which is the work of your hands, may be sacredly 
maintained — that its administration, in every department, may be 
stamped with wisdom and virtue — that, in fine, the happiness of 
the people of these states, under the auspices of liberty, may be 
made complete by so careful a preservation, and so prudent a use 
of this blessing, as will acquire to them the glory of recommend- 
ing it to the applause, the affection, a'nd the adoption, of every 
nation which is yet a stranger to it. 

Advice and Warnings of a parting Friend. 
" Here, perhaps, I ought to stop. But a solicitude for your 
welfare, which can not end but with my life, and the apprehension 
of danger natural to that solicitude, urge me, on an occasion like 



176 Washington's farewell address. 

the present, to offer to your solemn contemplation, and to recom- 
mend to your frequent review, some sentiments which are the 
result of much reflection, of no inconsiderable observation, and 
which appear to me all-important to the permanency of your 
felicity as a people. These will be. offered to you with the more 
freedom, as you can only" see in them the disinterested warnings 
of a parting friend, who can possibly have no personal motive to 
bias his counsel. Nor can I forget, as an encouragement to it, 
your indulgent reception of my sentiments on a former and not 
dissimilar occasion. 

Of American Liberty, and its main Pillar the Union. 

" Interwoven as is the love of liberty with every ligament of 
your hearts, no recommendation of mine is necessary to fortify or 
confirm the attachment. 

" The unity of government, which constitutes you one people, 
is also now dear to you. It is justly so ; for it is a main pillar in 
the edifice of your real independence — the support of your tran- 
quillity at home, your peace abroad; of your safety, of your 
prosperity, of that very liberty which you so highly prize. But, 
as it is easy to foresee, that from different causes, and from dif- 
ferent quarters, much pains will be taken, many artifices employed, 
to weaken in your minds the conviction of this truth ; as this is 
the point in your political fortress, against which the batteries of 
internal and external enemies will be most constantly and actively 
(though often covertly and insiduously) directed, it is of infinite 
moment that you should properly estimate the immense value of 
your national Union to your collective and individual happiness ; 
that you should cherish a cordial, habitual, and immovable attach- 
ment to it ; accustoming yourselves to think and speak of it, as of 
the palladium of your political safety and prosperity ; watching 
for its preservation with jealous anxiety ; discountenancing what- 
ever may suggest even a suspicion that it can, in any event, be 
abandoned ; and indignantly frowning upon the first dawning of 
every attempt to alienate any portion of our country from the 
rest, or to enfeeble the sacred ties which now link together the 
various parts. 
The Name of American to be sacredly appreciated by Citizens by Birth or Choice. 

" For this you have every inducement of sympathy and interest. 



Washington's farewell address. 177 

Citizens, by birth or choice, of a common country, that country 
has a right to concentrate your affections. The name of Ameri- 
can,* which belongs to you, in your national capacity, must 
always exalt the just pride of patriotism, more than any appella- 
tion derived from local discriminations. With slight shades of 
difference, you have the same religion, manners, habits, and polit- 
ical principles. You have, in a common cause, fought and 
triumphed together ; the independence and liberty you possess 
are the work of joint councils, and joint efforts, of common dan- 
gers, sufferings, and successes. 

Union of Interests. No North, no South, no East, no West, in regard to them. 

" But these considerations, however powerfully they address 
themselves to your sensibility, are greatly outweighed by those 
which apply more immediately to your interest. Here every 
portion of our country finds the most commanding motives for 
carefully guarding and preserving the union of the whole. 

" The North, in an unrestrained intercourse with the South, 
protected by the equal laws of a common government, finds in the 
productions of the latter great additional resources of maritime 
and commercial enterprise, and precious materials of manufactur- 
ing industry. The South, in the same intercourse, benefiting by 
the agency of the North, sees its agriculture grow, and its com- 
merce expand. Turning partly into its own channels the seamen 
of the North, it finds its particular navigation invigorated — and 
while it contributes, in different ways, to nourish and increase the 
general mass of the national navigation, it looks forward to the 
protection of a maritime strength, to which itself is unequally 
adapted. 

" The East, in like intercourse with the West, already finds, 
and in. the progressive improvement of interior communication, 
by land and water, will more and more find a valuable vent for 
the commodities which it brings from abroad, or manufactures at 
home. The West derives from the East supplies requisite to its 
growth and comfort ; and what is, perhaps, of still greater conse- 
quence, it must of necessity owe the secure enjoyment of the indis- 
pensable outlets, for its own productions, to the weight, influence, 

* For Washington's sake this name should never have been degraded to 
a party cognomen. 

8* 



178 Washington's farewell address. 

and the future maritime strength of the Atlantic side of the Union, 
directed by an indissoluble community of interest as one nation. 
Any other tenure by which the West can hold this essential ad- 
vantage, whether derived from its own separate strength, or from 
an apostate and unnatural connection with any foreign power, 
must be intrinsically precarious. 

In Union, Security from External Danger and Internal Commotions, without re- 
quiring a large Army. 

" While then every part of our country thus feels an immediate 
and particular interest in union, all the parts combined can not fail 
to find in the united mass of means and efforts, greater strength, 
greater resource, proportionably greater security, from external 
danger — a less frequent interruption of their peace by foreign 
nations — and, what is of inestimable value, they must derive, 
from union, an exemption from those broils and wars between 
themselves, which so frequently afflict neighboring countries not 
tied together by the same government, which their own rivalships 
alone would be sufficient to produce, but which opposite foreign 
alliances, attachments, and intrigues, would stimulate and embitter. 
Hence, likewise, they will avoid the necessity of those overgrown 
military establishments, which, under any form of government, 
are inauspicious to liberty, and which are to be regarded as par- 
ticularly hostile to republican liberty. In this sense it is, that 
your Union ought to be considered as a main prop of your lib- 
erty, and that the love of the one ought to endear to you the 
preservation of the other. 

The Government of the Union will be Efficient, if the whole is properly organ- 
ized in States, Counties, Towns, (Cities, Villages). 

" These considerations speak a persuasive language to every 
reflecting and virtuous mind, and exhibit the continuance of the 
Union as a primary object of patriotic desire. Is there a doubt 
whether a common government can embrace so large a sphere ? 
Let experience solve it. To listen to mere speculation in such a 
case were criminal. We are authorized to hope that a proper or- 
ganization of the whole, with the auxiliary agency of governments 
for the respective sub-divisions, will afford a happy issue to the 
experiment. It is well worth a fair and full experiment. With 
such powerful and obvious motives to union, affecting all parts of 



Washington's farewell address. 179 

our country, while experience shall not have demonstrated its im- 
practicability, there will always be reason to distrust the patriot- 
ism of those, who, in any quarter, may endeavor to weaken its 
bands. 

Geographical Parties and their Danger. No Missouri Lines. 

" In contemplating the causes which may disturb our Union, it 
occurs, as a matter of serious concern, that any ground should have 
been furnished for characterizing parties by geographical discrim- 
inations, Northern and Southern, Atlantic and Western — whence 
designing men may endeavor to excite a belief that there is a 
real difference of local interest and view. One of the expedients 
of party to acquire influence within particular districts, is to mis- 
represent the opinions and aims of other districts. You can not 
shield yourselves too much against the jealousies and heart-burn- 
ings which spring from these misrepresentations ; they tend to 
render alien to each other those who ought to be bound together 
by fraternal affection. The inhabitants of our western country 
have lately had a useful lesson on this head : they have seen, in 
the negotiation, by the executive, and in the unanimous ratifica- 
tion, by the senate, of the treaty with Spain, and in the universal 
satisfaction at that event throughout the United States, a decisive 
proof how unfounded were the suspicions propagated among them, 
of a policy in the general government and in the Atlantic states 
unfriendly to their interests in regard to the Mississippi : they 
have been witnesses to the formation of two treaties, that with 
Great Britain, and that with Spain, which secure to them every- 
thing they could desire, in respect to our foreign relations, toward 
confirming their prosperity. Will it not be their wisdom to rely 
for the preservation of these advantages on the Union, by which 
they were procured ? Will they not, henceforth, be deaf to those 
advisers, if such there are, who would sever them from their breth- 
ren, and connect them with aliens ? 

A Common National Government Preferable to State Alliances. 

" To the efficacy and permanency of your Union, a government 
for the whole is indispensable. No alliances, however strict, be- 
tween the parts, can be an adequate substitute ; they must inevi- 
tably experience the infractions and interruptions which alliances, 
in all times, have experienced. Sensible of this momentous truth, 



180 Washington's faeewell address. 

you have improved upon your first essay, by the adoption of a 
constitution of government, better calculated than your former, 
for an intimate union, and for the efficacious management of your 
common concerns. This government, the offspring of our own 
choice, uninfluenced and unawed, adopted upon full investigation 
and mature deliberation, completely free in its principles, in the 
distribution of its powers, uniting security with energy, and con- 
taining within itself a provision for its own amendment, has a just 
claim to your confidence and your support. Respect for its au- 
thority, compliance with its laws, acquiescence in its measures, 
are duties enjoined by the fundamental maxims of true liberty. 
The basis of our political system is the right of the people to 
make and to alter their constitutions of government. But the 
constitution which at any time exists, until changed by an explicit 
and authentic act of the whole people, is sacredly obligatory upon 
all.. The very idea of the power and the right of the people to 
establish government, pre-supposes the duty of every individual 
to obey the established government. 

Factions Opposing the Government to be Discountenanced. 

" All obstructions to the execution of the laws, all combinations 
and associations, under whatever plausible character, with the real 
design to direct, control, counteract, or awe, the regular delibera- 
tion and action of the constituted authorities, are destructive of 
this fundamental principle, and of fatal tendency. They serve to 
organize faction, to give it an artificial and extraordinary force, to 
put in the place of the delegated will of the nation the will of a 
party, often a small but artful and enterprising minority of the 
community ; and according to the alternate triumphs of different 
parties to make the public administration the mirror of the ill- 
concerted and incongruous projects of faction, rather than the 
organ of consistent and wholesome plans, digested by common 
councils and modified by mutual interests. 

Warnings against Factions Subverting Constitutions, Franchises, and the 
Rights of the People. 

" However combinations or associations of the above description 
may now and then answer popular ends, they are likely, in the 
course of time and things, to become potent engines by which 
cunning, ambitious, and unprincipled men will be enabled to sub- 
vert the power of the people, and to usurp for themselves the 



Washington's farewell address. 181 

reigns of government, destroying afterward the very engines 
which had lifted them to unjust dominion. 
Warnings against Innovations made in the Constitution by unprincipled Men. 

" Toward the preservation of your government and the perma- 
nency of your present happy state, it is requisite not only that 
you steadily discountenance irregular oppositions to its acknowl- 
edged authority, but also that you resist with care the spirit of 
innovation upon its principles, however specious the pretexts. 

" One method of assault may be, to effect in the forms of the 
constitution alterations which will impair the energy of the system, 
and thus undermine what can not be directly overthrown. In all 
the changes to which you may be invited, remember that time and 
habit are at least as necessary to fix the true character of govern- 
ments as of other human institutions ; that experience is the surest 
standard by which to test the real tendency of the existing con- 
stitutions of a country ; that facility in changes upon the credit of 
mere hypothesis and opinion exposes to perpetual change, from 
the endless variety of hypothesis and opinion ; and remember, 
especially, that for the efficient management of your common 
interests in a country so extensive as ours, a government of as 
much vigor as is consistent with the perfect security of liberty is 
indispensable. Liberty itself will find in such a government, with 
powers properly distributed and adjusted, its surest guardian. It 
is, indeed, little else than a name, where the government is too 
feeble to withstand the enterprises of faction ? to confine each 
member of the society within the limits prescribed by the laws, 
and to maintain all in the secure and tranquil enjoyment of the 
rights of person and property. 

Warnings against Parties ; their Violence ; Spirit of Revenge leading to 
Despotism. 

" I have already intimated to you the danger of parties in the 
state, with particular reference to the founding of them upon geo- 
graphical discriminations. Let me now take a more comprehen- 
sive view and warn you in the most solemn manner against the 
baneful effects of a spirit of party generally. 

"This spirit, unfortunately, is inseparable from our nature, 
having its root in the strongest passions of the human mind. It 
exists under different shapes in all governments, more or less 



182 

stifled, controlled, or oppressed ; but in those of the popular form 
it is seen in its greatest rankness and is truly their worst enemy. 

" The alternate domination of one faction over another, sharp- 
ened by the spirit of revenge natural to party dissension, which 
in different ages and countries has perpetrated the most horrid 
enormities, is itself a frightful despotism. But this leads at length 
to a more formal and permanent despotism. The disorders and 
miseries which result, gradually incline the minds of men to seek 
security and repose in the absolute power of an individual ; and 
sooner or later the chief of some prevailing faction, more able or 
more fortunate than his competitors, turns this disposition to the 
purposes of his own elevation, on the ruins of the public liberty. 

Warnings against Parties who Open the Door to Foreign Influence and 
Corruption. 

" Without looking forward to an extremity of this kind, (which 
nevertheless ought not to be entirely out of sight), the common 
and continual mischiefs of the spirit of party are sufficient to make 
it the interest and duty of a wise people to discourage and restrain 
it. It serves always to distract the public councils and enfeeble 
the public administration. It agitates the community with ill- 
founded jealousies and false alarms ; kindles the animosity of one 
part against another ; foments occasionally riot and insurrection. 
It opens the door to foreign influence and corruption, which find a 
facilitated access to the government itself through the channels of 
party passion. Thus the policy and will of one country are sub- 
jected to the policy and will of another. 

Parties (especially Standing), not to be Encouraged. 

" There is an opinion that parties in free countries are useful 
checks upon the administration of the government, and serve to 
keep alive the spirit of liberty. This, within certain limits, is 
probably true, and in governments of a monarchical cast patriot- 
ism may look with indulgence, if not with favor, upon the spirit 
of party. But in those of the popular character, in governments 
purely elective, it is a spirit not to be encouraged. From their 
natural tendency it is certain there will always be enough of that 
spirit for every salutary purpose ; and there being constant danger 
of excess, the effort ought to be, by force of public opinion, to 
mitigate and assuage it. A fire not to be quenched, it demands a 



Washington's faeewell address. 183 

uniform vigilance to prevent its bursting into a flame, lest, instead 
of warming, it should consume. 

Caution in regard to Schemes of Politicians to avoid Encroachments, Consolida- 
tions, Centralization, Despotism. 

" It is important, likewise, that the habits of thinking in a free 
country should inspire caution in those intrusted with its admin- 
istration to confine themselves within their respective constitu- 
tional spheres, avoiding in the exercise of the powers of one 
department to encroach upon another. The spirit of encroach- 
ment tends to consolidate the powers of all the departments in 
one, and thus to create, whatever the form of government, a real 
despotism. A just estimate of that love of power and proneness 
to abuse it which predominate in the human heart, is sufficient to 
satisfy us of the truth of this position. The necessity of recipro- 
cal checks in the exercise of political power, by dividing and dis- 
tributing it into different depositories,* and constituting each the 
guardian of the public weal against invasions by the others, has 
been evinced by experiments ancient and modern ; some of them 
in our country and under our own eyes. To preserve them must 
be as necessary as to institute them. If, in the opinion of the 
people, the distribution or modification of the constitutional powers 
be in any particular wrong, let it be corrected by an amendment, 
in the way which the constitution designates. 

Warnings against Precedents of Usurpation of Power. 

" But let there be no change by usurpation ; for though this, in 
one instance, may be the instrument of good, it is the customary 
weapon by which free governments are destroyed. The prece- 
dent must always greatly overbalance in permanent evil any par- 
tial or transient benefit which the use can at any time yield. 
Religion, Virtue, and Morality, the great Pillars of Human Happiness, and the 
necessary Springs of Popular Government. 

" Of all the dispositions and habits which lead to political pros- 
perity, religion and morality are indispensable supports. In vain 
would that man claim the tribute of patriotism, who should labor 
to subvert these great pillars of human happiness, these firmest 
props of the duties of men and citizens. The mere politician, 
equally with the pious man, ought to respect and to cherish them. 

* Such depositories are towns, counties, states, and in them the legislative, 
executive, and judiciary. 



184 Washington's farewell address. 

A volume could not trace all their connections with private and 
public felicity. Let it be simply asked, where is the security for 
property, for reputation, for life, if the sense of religious obliga- 
tion desert the oaths which are the instruments of investigation in 
courts of justice? And let us with caution indulge the supposi- 
tion, that morality can be maintained without religion. Whatever 
may be conceded to the influence of refined education on minds 
of peculiar structure, reason and experience both forbid lis to ex- 
pect that national morality can prevail in exclusion of religious 
principle. 

" It is substantially true, that virtue and morality are necessary 
springs of popular government. The rule indeed extends, with 
more or less force, to every species of free government. Who, 
that is a sincere friend to it, can look with indifference upon at- 
tempts to shake the foundation of the fabric ? 

Institutions for the general Diffusion of Knowledge. 
" Promote, then, as an object of primary importance, institutions 
for the general diffusion of knowledge. In proportion as the 
structure of a government gives force to public opinion, it is essen- 
tial that public opinion should be enlightened. 

Preservation of Public Credit ; shunning of Public Debts and the Inconvenience 

of Taxes. 

" As a very important source of strength and security, cherish 
public credit. One method of preserving it is to use it as sparing- 
ly as possible ; avoiding occasions of expense, by cultivating peace ; 
but remembering also, that timely disbursements to prepare for 
danger, frequently prevent much greater disbursements to repel 
it : avoiding likewise the accumulation of debt, not only by shun- 
ning occasions of expense, but, by vigorous exertions in time of 
peace, to discharge the debts which unavoidable wars may have 
occasioned, not ungenerously throwing upon posterity the burden 
which we ourselves ought to bear. The executions of these max- 
ims belongs to your representatives ; but it is necessary that pub- 
lic opinion should co-operate. To facilitate to them the perform- 
ance of their duty, it is essential that you should practically bear 
in mind, that toward the payment of debts there must be revenue 
— that to have revenue there myt be taxes — that no taxes can 
be devised which are not more or less inconvenient and unpleasant 



185 

— that the intrinsic embarrassment, inseparable from the selection 
of the proper objects (which is always a choice of difficulties), 
ought to be a decisive motive for a candid construction of the con- 
duct of the government in making it, and for a spirit of acquies- 
cence in the measures for obtaining revenue which the public ex* 
igencies may at any time dictate. 

Good Faith and Justice toward all, as an Example for all Nations. 
"Observe good faith and justice toward all nations — cultivate 
peace and harmony with all. Religion and morality enjoin this 
conduct ; and can it be, that good policy does not equally enjoin 
it ? It will be worthy of a free, enlightened, and (at no distant 
period) a great nation, to give to mankind the magnanimous and 
too novel example of a people always guided by an exalted justice 
and benevolence. Who can doubt, that in the course of time and 
things, the fruits of such a plan would richly repay any temporary 
advantages which might be lost by a steady adherence to it ? Can 
it be, that Providence has not connected the permanent felicity of 
a nation with its virtues ? The experiment, at least, is recom- 
mended by every sentiment which ennobles human nature. Alas, 
it is rendered impossible by its vices ? 

Avoiding National Antipathies or Passionate Attachments. 

st In the execution of a plan, nothing is more essential than that 
permanent, inveterate antipathies against particular nations, and 
passionate attachments for others, should be excluded, and that 
in place of them, just and amicable feelings toward all should be 
cultivated. The nation which indulges toward another an 
habitual hatred or an habitual fondness, is in some degree a 
slave. It is a slave to its animosity or to its affection, either of 
which is sufficient to lead it astray from its duty or its interest. 
Antipathy in one nation against another, disposes each more 
readily to offer insult and injury, to lay hold of slight causes of 
umbrage, and to be haughty and intractable, when accidental or 
trifling occasions of dispute occur. 

"Hence frequent collisions, obstinate, envenomed, and bloody 
contests. The nation, prompted by ill-will and resentment, some- 
times impels to war the government^ contrary to the best calcula- 
tions of policy. The government sometimes participates in the na- 
tional propensity, and adopts, through passion, what reason would 



186 Washington's farewell address. 

reject. At other times it makes the animosity of the nation sub- 
servient to projects of hostility, instigated by pride, ambition, 
and other sinister and pernicious motives. The peace often, 
sometimes perhaps, the liberty of nations has been the victim. 

" So likewise, a passionate attachment of one nation for another 
produces a variety of evils. Sympathy for the favorite nation, 
facilitating the illusion of an imaginary common interest, in cases 
where no real common interest exists, and infusing into one the en- 
mities of the other, betrays the former into a participation in the. 
quarrels and the wars of the latter, without adequate inducements or 
justification. It leads also to concessions to the favorite nation, of 
privileges denied to others, which is apt doubly to injure the nation 
making the concessions, by unnecessarily parting with what ought 
to have been retained, and by exciting jealousy, ill-will, and a dis- 
position to retaliate, in the parties from whom equal privileges are 
withheld ; and it gives to ambitious, corrupted, or deluded citi- 
zens (who devote themselves to the favorite nation) facility to 
betray or 'sacrifice the interests of their country, without odium, 
sometimes even with popularity ; gilding, with the appearances of 
a virtuous sense of obligation, a commendable deference for pub- 
lic opinion, or a laudable zeal for public good, the base or foolish 
compliances of ambition, corruption, or infatuation. 

" As avenues to foreign influence in innumerable ways, such at- 
tachments are particularly alarming to the truly enlightened and 
independent patriot. How many opportunities do they afford to 
tamper with domestic factions, to practise the arts of seduction, 
to mislead public opinion, to influence or awe the public councils. 
Such an attachment of a small or weak nation, toward a great 
and powerful one, dooms the former to be the satellite of the 
other. 

Warnings against Foreign Diplomatic Wiles and Influence. 

" Against the insiduous wiles of foreign influence (I conjure 
you to believe me, fellow-citizens), the jealousy of a free people 
ought to be constantly awake, since history and experience, prove 
that foreign influence is one of the most baneful foes of republi- 
can government. But that jealousy, to be useful, must be im- 
partial, else it becomes the instrument of the very influence to 
be avoided, instead of a defence against it. Excessive partiality 



Washington's farewell address. 18T 

for one foreign nation, and excessive dislike of another, cause 
those whom they actuate to see danger only on one side, and 
serve to veil, and even second the arts of influence on the 
other. Real patriots, who may resist the intrigues of the favo- 
rite, are liable to become suspected and odious, while its tools and 
dupes usurp the applause and confidence of the people to sur- 
render their interests. 

Warnings against Political or Diplomatic Connections with Foreign Govern' 
ments, and European Interests in General. 

" The great rule of conduct for us, in regard to foreign nations, 
is, in extending our commercial relations, to have with them as 
little political connection as possible. So far as we have already 
formed engagements, let them be fulfilled with perfect good 
faith. Here let us stop. 

"Europe has a set of primary interests, which to us have none, 
or a very remote relation. Hence she must be engaged in fre- 
quent controversies, the causes of which are essentially foreign to 
our concerns. Hence, therefore, it must be unwise in us to im- 
plicate ourselves by artificial ties in the ordinary vicissitudes of 
her politics, or the ordinary combinations and collisions of her 
friendships or enmities. 

Assuming an Independent National Attitude. 

" Our detached and distant situation invites and enables us to 
pursue a different course. If we remain one people, under an 
efficient government, the period is not far off when we may defy 
material injury from external annoyance ; when we may take such 
an attitude as will cause the neutrality we may at any time re- 
solve upon, to be scrupulously respected ; when belligerent na- 
tions, under the impossibility of making acquisitions upon us, 
will not lightly hazard the giving us provocation ; when we may 
choose peace or war, as our interest, guided by justice, shall 
counsel. 

u Why forego the advantages of so peculiar a situation ? Why 
quit our own to stand on foreign ground ? Why, by interweaving 
our destiny with that of any part of Europe, entangle our peace 
and prosperity in the toils of European ambition, rivalship, in- 
terest, humor, or caprice ? 



188 Washington's farewell address. 

No Permanent Alliances. Honesty the best Policy. 

" 'Tis our true policy to steer clear of permanent alliances with 
any portion of the foreign world ; so far, I mean, as we are now 
at liberty to do it ; for let me not be understood as capable of 
patronizing infidelity to existing engagements. I hold the maxim 
no less applicable to public than to private affairs, that honesty is 
always the best policy. I repeat it, therefore, let those engage- 
ments be observed in their genuine sense. But, in my opinion, 
it is unnecessary, and would be unwise to extend them. 

" Taking care always to keep ourselves, by suitable establish- 
ments, on a respectable defensive posture, we may safely trust to 
temporary alliances for extraordinary emergencies. 

Liberal, not enforced Commercial Intercourse. Warnings against Courting 
National Favors. 

" Harmony and liberal intercourse with all nations, are recom- 
mended by policy, humanity, and interest. But even our com- 
mercial policy should hold an equal and impartial hand, neither 
seeking nor granting exclusive favors or preferences, consulting 
the natural course of things, diffusing and diversifying, by gentle 
means, the streams of commerce, but forcing nothing ; establish- 
ing, with powers so disposed — in order to give to trade a stable 
course, to define the rights of our merchants, and to enable the 
government to support them — conventional rules of intercourse, 
the best that present circumstances and mutual opinion will per- 
mit, but temporary, and liable from time to time to be abandoned 
or varied, as experience and circumstances shall dictate ; con- 
stantly keeping in view that 'tis folly in one nation to look for 
disinterested favors from another, that it must pay with a portion 
of its independence whatever it may accept under that character ; 
that by such acceptance it may place itself in the condition of 
having given equivalents for nominal favors, and yet of being 
reproached with ingratitude for not giving more. There can be 
no greater error than to expect or calculate upon real favors 
from nation to nation. 'Tis an illusion which experience must 
cure, which a just pride ought to discard. 

Hope that these Counsels will Moderate the Fury of Party Spirit. 

" In offering to you, my countrymen, those counsels of an old 
and affectionate friend, I dare not hope they will make the strong 



WASHINGTON'S FAEEWELL ADDRESS. 189 

and lasting impression I could wish ; that they will control the 
usual current of the passions, or prevent our nation from running 
the course, which has hitherto marked the destiny of nations. 
But if I may even flatter myself that they may be productive of 
some partial benefit, some occasional good ; that they may now 
and then recur to moderate the fury of party-spirit, to warn 
against the mischiefs of foreign intrigues, to guard against the 
impostures of pretended patriotism ; this hope will be a full re- 
compense for the solicitude for your welfare, by which they have 
been dictated. 

" How far, in the discharge of my official duties, I have been 
guided by the principles which have been delineated, the public 
records and other evidences of my conduct must witness to you 
and to the world. To myself, the assurance of my conscience is, 
that I have, at least, believed myself to be guided by them. 

Neutral Position in the then Existing War in Europe. 

" In relation to the still subsisting war in Europe, my proclama- 
tion of the 22d of April, 1793, is the index to my plan. Sanc- 
tioned by your approving voice, and by that of your representa- 
tives in both houses of Congress, the spirit of that measure has 
continually governed me, uninfluenced by any attempts to deter or 
divert me from it. 

" After deliberate examination, with the aid of the best lights I 
could obtain, I was well satisfied that our country, under all the 
circumstances of the case, had a right to take, and was bound in 
duty and interest to take, a neutral position. Having taken it, I 
determined, as far as should depend upon me, to maintain it with- 
moderation, perseverance, and firmness. 

" The considerations which respect the right to hold this con- 
duct, it is not necessary on this occasion to detail. I will only 
observe, that according to my understanding of the matter, that 
right, so far from being denied by any of the belligerent powers, 
has been virtually admitted by all. 

" The duty of holding a neutral conduct may be inferred, with- 
out anything more, from the obligation which justice and hu- 
manity impose on every nation, in cases in which it is free to 
act, to maintain inviolate the relation of peace and amity toward 
other nations. 



190 WASHINGTON'S FAREWELL ADDRESS. 

" The inducements of interest for observing that conduct will 
be best referred to your own reflections and experience. With 
me, a predominent motive has been, to endeavor to gain time to 
our country to settle and mature its yet recent institutions, and to 
progress without interruption to that degree of strength and con- 
sistency which is necessary to give it, humanly speaking, the com- 
mand of its own fortunes. 

Anticipation of the Siveet Enjoyment of Living in Retirement under a Free 
Government and Good Laws. 

" Though in reviewing the incidents of my administration, I 
am unconscious of intentional error, I am, nevertheless, too sen- 
sible of my defects not to think it probable that I may have com- 
mitted many errors. Whatever they may be, I fervently beseech 
the Almighty to avert or mitigate the evils to which they may 
tend. I shall also carry with me the hope, that my country will 
never cease to view them with indulgence ; and that, after forty- 
five years of my life, dedicated to its service, with an upright 
zeal, the faults of incompetent abilities will be consigned to oblivion, 
as myself must soon be to the mansions of rest. 

" Relying on its kindness in this as in other things, and actuated 
by that fervent love toward it, which is so natural to a man who 
views in it the native soil of himself and his progenitors for sev- 
eral generations, I anticipate with pleasing expectation, that retreat, 
in which I promise myself to realize, without alloy, the sweet en- 
joyment of partaking, in the midst of my fellow-citizens, the be- 
nign influence of good laws under a free government — the ever 
favorite object of my heart, and the happy reward, as I trust, of 
our mutual cares, labors, and dangers. 

" G. Washington." 

No monument of marble or brass can represent this honest and 
just man better than his public documents, the federal constitution 
included. It is true, there were brave and good men united 
with him in the great work of bringing order out of the 
chaos of the young confederacy; still without the clear mind, 
and firm hand, of this great citizen, the result would have been 
different. 

Try then, my dear children, for your part, to be faithful to 



THE PRINCE. 191 

those maxims in public life, which he followed and has embodied 
in his public documents. 

I have tried to explain them in their bearing upon the current 
business, and hope I have not labored in vain. 



LETTER XLVI 



The Prince by Macchiavelli. — Parallel between the Farewell Address and 
the Prince. — Prof. Lieber. — Anti-Macchiavelli by Frederick the Great. 
— The Barbarians in Italy. — Difference between the American and Euro- 
pean State-systems. — Legitimacy. — Congress of Vienna. 

Generally speaking there are only two kinds of govern- 
ments, republics* and monarchies. The preceding letters have 
been devoted to the first class, and the forms and principles 
adopted in the United States. 

To interrupt the monotony of my republican discussions, I em- 
body in this letter an abridgement of the celebrated treatise, 
entitled " The Prince," written by the great " Secretario Fioren- 
tino," Niccolo Macchiavelli, and dedicated to the young duke 
Lorenzo de Medici, whom he wished to become the deliverer of 
Italy from the barbarians, (Spaniards, Germans, and French.) 
(Mazzini attempts to carry out this plan in our days.) Macchia- 
velli wrote in the beginning of the sixteenth century ; he died in 
1527. I have made use of a London translation of 1694, the 
only one I had access to. This book contains much historical re- 
search, and naturally bears, as General Washington's farewell 
address does, the signs of the times. The contrast between both 

* Prof. Lieber, in his book on Civil Liberty and Self-government, speaks 
of an instituted self-government, defining it thus : " Instituted self-govern- 
ment is that popular government which consists in a great organism of insti- 
tutions, or a union of harmonizing systems of laws instinct with self-govern- 
ment. It is of a co-operative or homocratic character, and, in this respect, 
the opposite to centralism. It is articulated liberty, inter-guarantying, self- 
evolving, and generic, the political embodiment of self-reliance and mutual 
acknowledgment of self-rule — the political realization of equality. It is the 
only self-government whieh makes it possible to be at once se//*-government 
and self-government." This means nothing but republic. 



192 THE PRINCE. 

is striking. Macchiavelli's only hope for Italy was a hereditary 
prince at the head of a consolidated monarchy. Washington 
fought, worked, and wrote for the overthrow of a hereditary 
prince, and the establishment of a federal republic under one elec- 
tive executive. The first treats more of subjects, and their pru- 
dent management ; the latter of political business, and its good 
organization, distribution, and performance. The first advises 
his prince how to conquer a republic by ruining it, and keep 
down the influential men ; the latter maintains that liberty ought 
to be the main pillar of the Union. The first suggests that the 
prince must manage the public affairs, so that in all places, times 
and occasions, the people may have need of his administration and 
regimen, or that he has his hands in every thing ; Washington 
sees, in the proper organization and distribution of the public 
business, the best guaranty for the safety of both the people and 
the government. According to the first, a prince is to have no 
other thought or study but war ; while Washington believes that 
by our Union we will avoid the necessity of overgrown military 
establishments. Frederick the Great, who wrote the anti-Mac- 
chiavelli, called that nobleman only a gentleman who served in 
the army. 

Macchiavelli thinks a prince may not shun vices and infamy, 
if he only can preserve thus his dominion ; Washington's guide 
was the maxim : honesty is the best policy. 

A prince ought not to keep his parole when it is to his preju- 
dice, so says Macchiavelli ; let all engagements be observed in 
their genuine sense, and justice, and good faith towards all nations, 
is the maxim of Washington. 

Macchiavelli holds that it is necessary for a prince to have all 
the good qualities in reality, and to play the hypocrite well ; 
Washington believes that honesty, virtue, and morality, are neces- 
sary springs of popular government. 

Macchiavelli's prince ought to be terrible at home to his sub- 
jects, and abroad to his equals ; Washington's ideal is a life under 
the benign influence of good laws under a free government. 

A prince, according to Macchiavelli, must recommend himself 
to the world by great enterprises and valor (of course expensive 
things), and monopolize knowledge; Washington is for peace, 
economy, diffusion of knowledge. 



THE PRINCE. 193 

Macchiavelli advises his prince never to league with another 
more powerful than himself; Washington is against all entangling 
alliances. 

The first warns the prince of the snares of woman ; the latter 
of the wiles of party and faction. 

But you may better extend yourselves this parallel at pleasure. 
The sum is, that Macchiavelli advocates rank king-craft, and 
Washington undefiled democracy. There are a great many secret 
and open friends of monarchism in the United States, who attrib- 
ute the present defective working of our political institutions to 
intrinsic faults of the republican system. A mere superficial com- 
parison of this treatise, which is still the political bible of absolute 
and constitutional monarchs, with Washington's address, should 
undeceive them. Of course, if we manage our republics as 
princely centralizers, hypocrites, and placemen do their states, they 
will fare like those in Italy and elsewhere. 

Peruse, then, " The Prince " carefully. Its author was one of 
the best statesmen of the remarkable age in which he lived. 

EXTRACTS FROM THE PRINCE OF MACCHIAVELLI. 

1. The several Sorts of Government, and after what Manner they are obtained. 

" There never was, nor is at this day, any government in the world by which 
one man has rule and dominion over another, but it is either a commonwealth 
[republic] or a monarchy." (The state of Maryland, however, began with a 
universal government.) 

2. Of Hereditary Principalities. 

"Hereditary states are preserved with less difficulty than the new, because 
it is sufficient not to transgress the examples of the predecessors, and next to 
comply and frame themselves to the accidents that occur; so that if the 
prince be a person of sufficient activity, he will be sure to keep himself on 
the throne." 

3. Of Mixed Principalities. 

" Countries that have rebelled, and are conquered the second time, are re- 
covered with more difficulty. Whoever acquires anything, and desires to 
preserve it, is obliged to have a care of two things : more particularly one is, 
that the family of the former prince be extinguished; the other, that no new 
laws or taxes be imposed. But where conquest is made in a country differ- 
ing in language, customs, and laws, there is the great difficulty that good 
fortune and great industry are requisite to keep it; and one of the best and 
most efficacious expedients to do it would be for the usurper to live there him- 
self, as the Grand Turk has done in Greece. Men are either to be flattered 
and indulged, or utterly destroyed ; because for small offences they do usu- 
ally revenge themselves, but for great ones they can not. 
9 



194 THE PRINCE. 

" The conqueror must not omit any pains to gain the inferior nobles in a 
new province, for they will readily and unanimously fall into one mass with 
the state that is conquered. He must further take care that they grow not 
too strong, nor be intrusted with too much authority ; and then he can easily 
with his own forces, and their assistance, keep down the great lords in the 
vicinity. 

"It is no more than natural for princes to desire to extend their dominion, 
and; when they attempt nothing but what they are able to achieve, they are 
applauded ; in the reverse case they are condemned, and indeed not unwor- 
thily. 

" Whoever is the occasion of another's advancement, is the cause of his 
own diminution." 

4. Consummation. 

"An empire like the Turkish, which is governed by the prince and his 
officers [servants], is harder to be subdued than one with a nobility; but, 
when once conquered, more easy to be kept." 

5. How Subdued Principalities are to be governed. 
"A commonwealth or republic is to be ruined, in order to keep it as a 
conquered province ; for people, upon all occasions, will endeavor to recover 
their old privileges." [Hindostan.] 

6. Of Principalities acquired by one's own proper Conduct and Arms. 
" That conqueror who has committed least to fortune, has continued the 
longest." 

7. Of New Principalities. 
" Conquerors or innovators who stand upon their own feet and arms, suc- 
ceed better than those who make more use of their rhetoric." 

8. Of Wicked Usurpers. 

" Whoever usurps the government of any state, is to execute and put in 
practice at once all the cruelties which he thinks material, that he may have 
no occasion to renew them often ; but that by discontinuance he may mollify 
the people, and by his good deeds bring them over to his side. Such deeds 
should be distilled by drops, that the relish may be the greater. 

"A prince is so to behave himself toward his subjects, that neither good 
nor bad fortune should be able to alter him ; for, being once assaulted with 
adversity, you have no time to do mischief; and the good which you do, 
does you no good, being looked upon as forced, and so no thanks are due 
for it." 

9. Of Civil Principalities. 

" In all cities [states]-, the meaner and the better sort of citizens are of dif- 
ferent humors ; and hence it fol^ys that the common people are not willing 
to be commanded and oppressed by the great ones, and the great ones [aris- 
tocrats] are not satisfied without it. 

" Be who arrives at the sovereignty by the assistance of the aristocrats, 
preserves it with more difficulty than he who is advanced by the people; be- 
cause he has about him many of his old associates, who, thinking themselves 



THE PRINCE. 195 

his equals, are not to be directed and managed as he would have them. 
Grandees [privileged aristocracy] are hardly to be satisfied without injury to 
others ; while the designs of the people are more reasonable, and they en- 
deavor only to defend and secure themselves. Where the people are adverse, 
the prince can never be safe, by reason of their numbers. 

" These kinds of governments are most tottering and uncertain when the 
prince strains of a sudden, and passes, as at one leap, from a civil to an abso- 
lute power. 

"A prince who is provident and wise ought to carry himself so that in all 
places, times, and occasions, the people may have need of his administration 
and regimen, and ever after they shall be faithful and true." 

10. How the Strength of all Principalities is to be computed. 

" Those princes are capable of ruling [independently] who are able, either 
by the numbers of their men or the greatness of their wealth, to raise a com- 
plete army, and bid defiance to any that shall invade them ; and those depend 
upon others who of themselves dare not meet their enemy in the field, but 
are forced to keep within their bounds, and defend them as well as they can, 
especially by fortifying the capital town. 

" The nature of man is such, that he takes as much pleasure in having 
obliged another as in being obliged himself." 

1 1 . Of Ecclesiastical Principalities. 
" The ecclesiastical princes are the only persons who have lands and do 
not defend them — subjects, and do not govern them; which render those 
principalities the happiest and most, secure." 

12. Of Military Discipline. 
" The principal foundations of all states are good laws and good arms. 
There can not be good laws where there are not good arms [to execute the 
laws]." 

13. Of Different Soldiers. 

" The mercenary and auxiliary soldiers are unprofitable and dangerous. 
A martial commonwealth, that stands upon its own legs, and maintains 
itself by its own prowess, is not easily usurped, and falls not so readily under 
the obedience of one of its own citizens, as where all the forces are foreign." 

14. Of the Military Duty of a Prince. 
" A prince is to have no other design, nor thought, nor feeling, but war, 
and the arts and discipline of it. In time of peace, he should employ his 
thoughts more studiously therein by bodily exercise, sports, hunting, hawk- 
ing, and mental occupations, informing himself of the coasts, situation and 
elevation of mountains, valleys, history, etc., and keep a great pattern before 
his mind." 

15. Of such Things as render them especially worthy of Blame or Applause. 

"A prince should be so well instructed as to know how to avoid the scan- 
dal of vices. He is not to concern himself, if run under the infamy of vices, 
without which his dominion was not to be preserved ; for, if we consider 



196 THE PRINCE. 

things impartially, we shall find that some things in appearance are virtuous, 
and yet, if pursued, would bring certain destruction; and others, on the con- 
trary, that are seemingly bad, which, if followed by a prince, procure his 
peace and security." 

16. Of Liberality and Parsimony. 
" A prince should be liberal ; but liberality, so used as not to render him 
formidable, does but injure him. To keep up the name of liberality among 
men, it is necessary that no kind of luxury be omitted, which would make 
him poor and despised. He ought not to dread the imputation of being cov- 
etous, for in time he shall be esteemed liberal, when it is discovered that by 
his parsimony he has increased his revenue to a condition of defending him- 
self against invasion, and to make enterprises upon other people." 

17. Of Cruelty and Clemency. 

"A prince is to desire to be esteemed merciful rather than cruel, but is not 
to regard the scandal of being cruel, if thereby he keeps his subjects in their 
allegiance and united ; seeing that by a few examples of justice you may be 
more merciful than they who, by a universal exercise of pity, permit several 
disorders to follow, which occasion rapine and murder. 

" The question, whether it be better to be beloved than feared, or feared 
than beloved, is answered. Both would be convenient ; but, because that it 
is hard to attain, it is better and more secure, if one must be wanting, to be 
feared than beloved : for, in general, men are ungrateful, inconstant, hypo- 
critical, fearful of danger, and covetous of gain. To be feared and not hated, 
is compatible enough. But, before all things, a prince is to have a care of 
trenching on their patrimony [by high taxes or confiscation] ; for men sooner 
forget the death of their father than the loss of their property. 

"As these do love at their own discretion, but fear not their princes, a 
wise prince is obliged to lay his foundation upon that which is in his own 
power, not that which depends on other people, but with great caution, that 
he does not make himself odious." 

18. How far a Prince is responsible for his Promise. 

" There being two ways of contending, by law [or reason] and by force — 
the first proper to men, the second to beasts — it belongs to a prince to un- 
derstand both when to make use of the rational and when of the brutal way, 
in which latter regard he ought to imitate the lion and the fox. A prince, 
therefore, that is wise and prudent, can not, nor ought not, to keep his pa- 
role, when the keeping of it is to his prejudice, and the causes for which he 
promised are removed. Were men all good, this doctrine were not to be 
taught ; but because they are wicked, and not likely to be punctual with you, 
you are not obliged to observe any such strictness with them. 

"Nor was there ever a prince that wanted lawful pretence to justify his 
breach of promise. He that best personates the fox, has the best success. 
Nevertheless, it is of great consequence to disguise your inclination, and to 
play the hypocrite well ; and men are so simple in their temper, and so sub- 
missive to their present necessities, that he who is neat and cleanly in hit> 



THE PRINCE. 197 

collusions shall never want people to practise them upon. [As Talleyrand, 
Metternich, Palmerston, and all the genus diplomat and politician.] 

" A prince is not obliged to have all the good qualities in reality, but it is 
necessary to have them in appearance ; nay, having them actually, and em- 
ploying them upon all occasions, they are extremely prejudicial. It is hon- 
orable to seem mild, and merciful, and courteous, and religious, and sincere ; 
and, indeed, to be so, provided your mind be so rectified and prepared that 
you can act quite contrary upon occasions. And this must be premised, 
that a prince, especially if but lately come to the throne, can not observe all 
those things exactly which make men to be esteemed virtuous — being often- 
times necessitated, for the preservation of his state, to do things inhuman, 
uncharitable, and irreligious ; and therefore it is important that his mind be 
at his command, and flexible to all the puffs and variations of his fortune — 
not forbearing to be good while it is in his choice, but knowing how to be 
evil when there is a necessity. People are always taken with the appearance 
and event of things, and the greatest part of the world consists of the peo- 
ple ; those few who are wise taking place when the multitude has nothing 
else to rely upon. There is a prince at this time [king of France] who has 
nothing in his mouth but fidelity and peace ; and yet had he exercised either 
the one or the other, they had robbed him before this of both his power and 
reputation." [Napoleon III. declared that "the empire is peace/' while he 
is constantly engaged in war, and organizing France as a conquered country 
under military rule.] 

19. Moral Policy of Princes. 

" Princes ought to be cautious of becoming either odious or contemptible. 
As often as they do so, they play their part very well, and will meet with no 
danger or inconvenience from the rest of their views. Nothing makes a 
prince so insufferably odious as usurping his subjects' estates and debauch- 
ing their wives ; for while the generality of the people live quietly upon their 
estates, and unprejudiced in their honor, they live peaceably enough, and 
all contention is only with the pride and ambition of some few persons who 
arc easily restrained. He has to strive that in all his actions there may ap 
pear magnanimity, courage, gravity, and fortitude, and to avoid being ac- 
counted effeminate, light, inconstant, pusillanimous, and irresolute. He 
ought to be terrible in two places — at home to his subjects, and abroad to 
his equals. One of the best remedies a prince can use against conspiracy is 
to keep himself from being hated or despised by the multitude ; for nobody 
plots but he expects by the death of the prince to gratify the people ; and 
the thought of offending them will deter him from any such enterprise, be- 
cause in conspiracies the difficulties are infinite. Many conjurations have 
been on foot, but few have succeeded, because no man can conspire alone. 
On the side of the conspirators there is nothing but fear, and jealousy, and 
apprehension, and punishment ; but on the prince's side there is the majesty 
of the government, the laws, the organized state. "When the people are dis- 
satisfied, and have taken a prejudice against the prince, there is nothing, nor 
any person, which he ought not to fear. It must be his constant care not to 
reduce the nobility to despair, nor the people to discontent. Princes should 



198 THE PRINCE. 

leave things of injustice and envy to the ministry and execution of others, 
but acts of favor and grace are to be performed by themselves. 

" It can not be avoided but princes must fall under the hatred of somebody ; 
they ought diligently to contend that it be not of the multitude. If that be not 
to be obtained, they should not incur the odium of such as are most potent 
among them." 

20. On Fortifications. 

"A wise prince was never known to disarm his subjects, for, by arming 
them and inuring them to warlike exercise, those arms are his own ; those 
who are suspicious become faithful, they who are faithful are confirmed, and 
all the subjects become of his party. To disarm the people is to disgust them. 
It argues weakness in the prince to encourage dissensions, or parties, or fac- 
tions, in order to rule people — perhaps newly conquered. Those are to be 
mollified by degrees. 

"Princes, and particularly those who are not of long standing, have often 
found more fidelity and assistance from those whom they suspected at the 
beginning of their reign, than from them who at first were their greatest con- 
fidents. 

" A prince, newly advanced, ought to consider well what it was that dis- 
posed some to befriend him ; if it be not affection to him, but pique and ani- 
mosity to the old government, it will cost much trouble and difficulty to keep 
them his friends, because it will be impossible to satisfy them. 

" Fortresses are useful or not useful, according to the difference of time. 
That prince who is more afraid of his subjects than neighbors, is to suffer 
them to stand. The fortresses will not protect him if the people have him in 
detestation, because they shall no sooner take arms but strangers will fall in 
and sustain them." 

21. How a Prince gains Reputation. 

" Nothing recommends a prince so highly to the world as great enterprises, 
and noble expressions of his own valor and conduct, either, in war, to al- 
low the people no leisure to be at quiet or to continue any thing against 
him, or by giving some rare example of his own administration at home, 
when there is occasion for somebody to perform anything extraordinary in 
the civil government, whether it be good or bad, and to find out such a way 
either to reward or punish him as may make him much talked of in the world. 
A prince is to have a care, in all his actions, to behave himself so as to give 
himself the reputation of being excellent as well as great. He is likewise 
much esteemed when he shows himself a sincere friend or a generous enemy 
— that is, when, without any hesitation, he declares himself in favor of one 
against another, which, as it is more frank and princely, so it is more profit- 
able than to stand neuter. A conqueror will never understand them to be 
his friends who would not assist him in his distress ; and he that is worsted 
will not receive you, because you neglected to run his fortune with your 
arms in your hands. 

" A prince is never to league himself with another more powerful than him- 
self in an offensive war, because in that case, if he overcomes, you remain at 
his mercy ; and princes ought to be as cautious as possible of falling under 



THE PRINCE. 199 

the discretion of other people. If they who contend be of such condition, 
that they have no occasion to fear let what will overcome, you are in pru- 
dence to decline yourself the sooner, because, by assisting the one, you con- 
tribute to the ruin of the other, whom, if your confederate had been wise, he 
ought rather to have preserved, so that the overcoming remains wholly at 
your discretion, and by your assistance he must of necessity overcome. 

" No prince or government, however, should imagine that, in such cases, 
any certain counsel can be taken, because the affairs of this world are so or- 
dered, that in avoiding one mischief we fall commonly into another. A 
man's wisdom is most conspicuous where he is able to distinguish between 
dangers, and make choice of the least. 

" A prince, to show himself a virtuoso and honorer of all that is excellent in 
any art whatever, is to encourage and assure his subjects that they may live 
quietly in peace, and exercise themselves in their several vocations, whether 
merchandise, agriculture, or any other employment whatever, to the end that 
one may not forbear improving or embellishing his estate for fear it should 
be taken from him, nor another advancing his trade in apprehension of taxes ; 
but the prince is rather to excite them by propositions of reward and immuni- 
ties to all such as shall any way amplify his territory or powers. He is 
obliged, likewise, at convenient times in the year, to entertain the people 
by feastings, and plays, and spectacles of recreation ; and, because all cities 
are divided into companies or wards, he ought to have respect to those so- 
cieties, be merry with them sometimes, and give them some instance of his 
humanity and magnificence, but always retaining the majesty of his degree, 
which is never to be debased in any case whatever." 

22. Of the Secretaries of Princes. 

" The election of his ministers is of no small importance to a prince, for 
the first judgment that is made of him, or his parts, is from the persons he 
has about him. Commonly the first error he commits is in the election of his 
servants. 

" In the capacities and parts of men there are three sorts of degrees ; one 
man understands of himself, another understands what is explained, and a 
third understands neither of himself nor by any explanation. The first is 
excellent, the second commendable, the third altogether unprofitable. 

"But the business is how a prince may understand his minister, and the 
rule for that is infallible. When you observe your officer more careful of 
himself than of you, and all his actions and designs pointing at his own in- 
terest and advantage, that man will never be a good minister, nor ought you 
ever to repose any confidence in him." 

23. Hoiv Flatterers are to be avoided. 

" Men and princes are generally so fond of their own actions, and so 
easily mistaken in them, that it is not without difficulty they defend them- 
selves against flatterers, of which kind of cattle all histories are full ; and he 
that goes about to defend himself, runs a great hazard of beins: despised. 

" There is no other remedy against flatterers, than to let everybody un- 
derstand you are not disobliged by telling the truth. Yet if you suffer every 



200 THE PRINCE. 

body to tell it, you injure yourself, and lessen your reverence ; wherefore a 
wise prince ought to go a third way, and select out of his state certain dis- 
creet men, to whom only he is to commit that liberty of speaking truth, and 
that of such things as he demands, and nothing else ! But, then, he is to 
inquire of everything, hear their opinions, and resolve afterward as he 
pleases, and behave himself toward them in such sort, that every one may 
find with how much the more freedom he speaks, with so much the more 
kindness he is accepted, that besides them he will hearken to nobody ; that 
he considers well before he resolves ; and that his resolutions once taken are 
never to be altered. A prince, therefore, is always to consult, but at his 
own, not other people's pleasure, and rather deter people from giving their 
advice undemanded. 

" A prince who has no wisdom of his own can never be well advised, un- 
less by accident he commits all to the government and administration of some 
honest, discreet man. If a prince, who has no great judgment of his own, 
consults with more than one, their counsels will never agree, nor he have 
ever the cunning to unite them; every man will advise according to his own 
interest or caprice. These will always prove bad, unless by necessity they 
are compelled to be good. It is clear that good counsels proceed rather 
from the wisdom of the prince, than the prince's wisdom from the goodness 
of his counsels. 

24. How Princes lose their Dominions. 

" No defences are good, certain, and lasting, which proceed not from the 
prince's own courage and virtue, after he has embellished and fortified his 
principality with good laws, good force, good friends, and good example. 

25. Of Fortune. 

" It is an old opinion, that the affairs of the world are so governed by 
fortune and divine Providence, that man can not by his wisdom correct them. 
This may be true of one half of our actions, but fortune leaves the other 
half, or little less, to be governed by ourselves. It shows its power where 
there is no predisposed virtue to resist it. A prince who relies wholly upon 
fortune, being subject to her variations, must of necessity be ruined. That 
prince will be successful whose manner of proceeding concerts with the 
times. In things leading to the end of their designs, as riches and honor, 
we see men have various methods of proceeding, which may possibly all be 
successful; while two persons, equally cautious, one of them prospers and 
the other miscarries, so that two persons by different operations do attain the 
same end, while two others steer the same course, and one of them succeeds 
and the other is ruined. One, however good, if the face of affairs and the 
times change, and he changes not with them, will be certainly ruined. There 
is no man to be found so wise, that knows how to accommodate or. frame 
himself to all vicissitudes and varieties. 

" While the obstinacy of princes consists with the motion of fortune, it is 
possible they may be happy ; but when once they disagree, the poor prince 
comes certainly to the ground. It is better to be hot and audacious, than 
cautious and apprehensive, for fortune is a woman, and must be Hectored to 



THE PRINCE. 201 

keep her under; and 'tis visible every day she suffers herself to be managed 
by those who are brisk and audacious, rather than by those who are cold and 
phlegmatic in their motions, and therefore (like a woman) she is always a 
friend to those who are young; because being less circumspect, they attack 
her with more security and boldness." 

An exhortation to deliver Italy from the barbarians concludes 
the work. 

These " barbarians " rule still in the best parts of Italy". You 
will now be able, with the help of the general history of Europe 
(Asia) and America, to answer easily the question : exactly what 
difference there is between the European and our own " state- 
system ;" viz., that the first depends upon the principle of self- 
government applied to public business, the latter upon — legitimacy. 
After the downfall of Napoleon I.'s empire, all the princes of 
Europe, Turkey included, met in congress at Vienna, and restored 
the European political system upon the principle of legitimacy, as 
they called it, adding the gracious promise of constitutional forms 
of monarchy. They expressly declared the Napoleonides out- 
side the pale of legitimacy ; but one of them has again ascended 
the throne of France ! You see how little faith sensible men 
should place in such a system, where so much depends upon 
sheer accident, and the management of the public affairs is made 
the property-right of a few "legitimate" families, viz. such as 
believe and pretend to be created by God, to possess and rule the 
people. 

Our system is the product of common sense and plain business 
necessity, the European that of property-rights in men ; ours is 
made only for the rule of the unruly, the European for the gov- 
ernment of men and land ; ours is stable for all times to come, 
provided we keep the several parts of it in strict order with refer- 
ence to population, state, size, and business ; the stability of the 
European depends upon the frail thread of the life of one or a 
few persons, and similar accidental circumstances beyond the con- 
trol of men ; ours, finally, depends upon prospective law, the Euro- 
pean upon present customs, without the least guaranty for the fu- 
ture. What pity that men abuse also the best things ! What 
would be the United States if their excellent system had been 
carried out well ? 

But there is still time enough to do it. We are free yet. Hope 

then for the best. In this hope let us now part. 

9* 



PAET SECOND. 

MUNICIPAL GOVERNMENT. 



LETTER I. 



Object of a State Constitution. — Introduction to the Constitution of the 
State of New York. — Preamble. — Union-Slighting. 

My intention at first was to limit my political conversation with 
you to the federal constitution, under which we all live, in what- 
ever state we reside ; even when travelling in foreign countries, and 
sailing on distant seas we depend upon its protection. But after 
I bade you adieu, and had indulged in a sober, second thought — 
always a good one — I concluded to place one of our state consti- 
tutions in parallel with *it, to show better their coordinate working 
in society, and whether it be harmonious or not. It is the same 
artistical idea which induced me to place " The Prince " in parallel 
with Washington. 

I have for this purpose selected the constitution of the 
state of New York, because this is, as the most populous, a 
kind of leading state, and it is proposed to take the sense of the 
people at the ensuing election (November, 1858) whether it shall 
be amended or not. For the latter reason I have also added a 
few remarks on the state constitution of Maryland. I should, 
perhaps, have altered the form and addressed these letters to the 
voters of these states ; but as " I speak by permission, and not of 
commandment, according to my proper gift of God," I will con- 
tinue in the familiar manner, hoping also to avoid thereby the sus- 



204 MUNICIPAL GOVERNMENT. 

picion of an intention to bias the vote, although I sincerely wish 
that in my humble efforts I may be able to excite an intense 
interest on the subject. 

The obvious aim of a state constitution, in our Union, must be 
to prescribe the forms of a government for the realization of 
justice and order in regard to the municipal political affairs. 
Accordingly it should be framed, first, from a desire not to 
interfere with the business province of the federal constitution, 
as this has been carefully planned from the view not to interfere 
with the scope of the state constitutions ; and secondly, not to 
meddle with the free social business of which I have spoken in 
the first part. To this may be added, that in our Union, and free 
unsubject society, a state is not exactly required for the governing 
of persons, but only for the management of certain public affairs ; 
because in such society is the real ruler of persons the principle 
of self-government, which requires every one to control himself 
well in personal and social regard. This being the most difficult 
task men — although endowed with reason for this very purpose — 
have to perform, the state institution is calculated in single in- 
stances to force them into a proper self-control, in order to pre- 
serve justice and prevent injury and anarchy. Without this force 
a state constitution is nothing to speak of. 

If this is well understood, it is not so very difficult to compre- 
hend the real object of a state constitution, especially after the 
framers of the federal constitution have set up such a master-piece 
of an organic law for the management of the national affairs. 

A political system of this frame, and good execution, should, if 
this sublinarian world is not a failure withal, impress upon the 
people living under it a noble character ; for as the maternal edu- 
cation moulds the character of an individual, so form the political 
institutions that of nations. This moral influence of our political 
system upon our nations and mankind was the beacon-light of hope 
for those who struggled for years for the deliverance of a proud 
prince, in order to be free, or the masters of their own destiny. 
Government can only promote liberty by keeping the lawless and 
dishonest at bay with the help of an effective judiciary. 

Let us, then, examine with diligence the constitution of the 
state of New York, to ascertain how far it answers to this 
purpose : — 



PREAMBLE. 205 

CONSTITUTION OF THE STATE OF NEW YORK. 

"We, the people of the state of New York, grateful to Almighty God 
for our freedom, in order to secure its blessings, do establish this consti- 
tution." 

If you will compare this introduction with the preamble of the 
federal constitution, you will, perhaps, after duly honoring the 
pious sentiment it expresses, notice that it is vague, and not dis- 
tinctly pointing out the real object of an American state constitu- 
tion. To secure the blessings of freedom or absence of subjection, 
there was not exactly a state constitution required after we got the 
present federal constitution ; because the Union alone can do that, 
that is, protect us from subjection abroad or at home, and thus 
alone the independence or blessings of freedom of the people in 
the states are really and effectively secured. The remaining 
object of a state constitution, therefore, can only be the political 
protection of our persons, property, and homes ; and this can not 
be done, as I just remarked, by anything else but a good munici- 
pal government, providing justice, which comes home to all, the 
poor and the rich, the young and old. 

But the negative side of this little preamble, or that which is 
missing in it, is of more consequence. This constitution was 
written in 1846, of course a considerable time after the enact- 
ment of the federal constitution. Without giving more import- 
ance to this great compact than is right, I think it would have 
been but proper, fair, and business-like, to mention in this pream- 
ble, that the state in question is one of the United States of Amer- 
ica. In the manner this constitution is treating the best and 
greatest confederation ever made by men, it seems to be but a 
trifling concern, hardly worth while to be mentioned at all. I 
think that such a curial or official style is neither right nor pru- 
dent. To be a member of this confederation must be our greatest 
pride, and appear in bold relief upon the escutcheon of every 
state, and in distinct words in the preamble of every constitu- 
tion. This Union is our strength, our greatness. The states 
must acknowledge it before the world, for it is their own work. 
This may be done in their constitutions, by something like the fol- 
lowing words : " We, the people of the state of , one of the 

United States of America, under the constitution of September 7, 
17S7, bounded as follows : ,for the purpose of establishing 



206 MUNICIPAL GOVERNMENT. 

justice and order, and promoting the general welfare, do ordain," 
etc. This would not be at all an empty phraseology, because by 
such a preface the political position, relation, and character of the 
state, and its government, would be at once clear, the guaranty 
of the constitution by the powerful confederation pointed out, the 
realization of justice and order made the main purpose of the 
organic law and state itself; further, all visionary schemes and ex- 
periments barred on the outset, and in the course of time wholly 
excluded from its province. I expressly say in the course of 
time, because the present bad practice can not ' be reformed at 
once, even by the most perfect constitution. Still, we have to 
begin the reform. 

Of these very important points this constitution leaves the 
reader, and citizens, and the world in darkness. It simply fore- 
shadows that the framers did not start from a distinct principle, 
like those of the federal constitution. It will not be my fault if 
I have to point out this difference often. I am sorry for it, be- 
cause I do not much approve of the criticizing of laws and con- 
stitutions, if they are tolerably good. But truth will prevail, 
whatever my opinion may be about this organic law. 



LETTER II 



Bill of Rights. — Peers. — Jury. — Disagreeing. — Acquittals. — Liberty of 
Conscience and Worship. — Habeas Corpus. — Injunctions. — Bail. — 
Grand Jury. — Protection of Private Property. — Pauperism. — Char- 
ity. 

We come now to a subject of which I wrote a few lines in my 
letters on the federal constitution. 

ARTICLE I. 

Bill of Rights. 

"1. No member of this state shall be disfranchized, or deprived of any of 
the rights or privileges secured to any citizen thereof, unless by the law of 
the land, or the judgment of his peers." 

A bill of rights ' is a declaration of certain conditions under 



BILL OF RIGHTS. 207 

which people wish to be governed. When the English people or 
rather the aristocracy, unmindful of 1 Samuel, chap, viii., choose 
foreign princes as their kings, they drew up a list of conditions, or 
rights, or privileges, which they demanded to be respected by the 
foreign rulers. The thing, therefore, is of a peculiar monarchical 
origin, and very well for people who make foreign princes their 
hereditary rulers, but of no use in our republics, provided, that 
our constitutions distinctly describe the sphere and powers of the 
officials (an easy task withal), and for which purpose they are, in- 
deed, written down. There is no bill of rights in the federal con- 
stitution. Where the object of setting up a state institution or 
government (legislature, judiciary, executive) is the realization of 
justice, no man ever will be disfranchized, and if this can not be 
helped by a constitution, as was the case in the celebrated metropol- 
itan police affair, what difference does it make, whether a person, or 
city, or county, is disfranchized by law or a judgment of peers ? 

The proper sense of the phrase, "or the judgment of his 
peers," is not clear in America, although I can easily perceive its 
bearing in Great Britain, whose laws are made for a society com- 
posed of privileged classes. If there is a duke under judgment, 
he has probably the privilege to be judged by dukes ; a prelate 
may insist to be judged by peers, viz., prelates ; and so on with 
princes of blood, earls, barons, marquises, counts, freeholders, and 
tenants, &c, &c. The state of New York, being a republic, 
does, of course, not recognise any monarchical classification of its 
citizens ; they are before the law equal. If the word peer refers 
to this state of equality and not, perhaps, to political parties, then 
the phrase would mean, that we shall be judged by our equals. 
But this would be self-evident and no privilege, and, therefore, 
superfluous in a bill of rights. 

So we may presume that it has reference to the jury, of which 
the following clause treats. But in regard to the right of a citi- 
zen to be judged by a jury of his equals, special laws have made 
great inroads upon the bill of rights, by exempting all clergymen, 
lawyers, teachers, doctors, firemen, militiamen, and those who have 
formed an opinion on the case under trial, from the jury service, 
depriving thus all those just-mentioned members of society of the 
privilege to be judged by their peers. My purpose is to throw the 
fullest light upon my subject, neither dimmed by the cobweb cur- 



208 MUNICIPAL GOVERNMENT. 

tains of law-cant nor by rusty blinds of feudal legislation of bygone 
times. What is right is a product of common sense and reason, 
enlightened by culture, expressed by law. Our state constitutions 
should not be a rehash of unpractical obsolete phrases. How fault- 
less in this regard is our federal constitution ! 

" 2. The trial by jury, in all cases in which it has been heretofore used, 
shall remain inviolate for ever. But a jury trial may be waived by the par- 
ties in all civil cases in the manner to be prescribed by law." 

This clause appears not in its proper place, because the jury is 
a part of the judiciary, and should be provided for under this head. 
The words " for ever" are exceptionable. We are mortals ; our 
mind follows the clock of time. If the next generation should dis- 
like the jury system, which at present works badly enough, and 
dispense with it, it would require an alteration of the constitution. 
This is, as you know, merely a general organizing law, put into 
operation by special acts. Society is changing and progressing ; 
constitutions, therefore, should be made so that, .in substance, they 
work in consonance with the time. Justice is always the same ; 
but the ways and means to realize it are variable, and, therefore, 
subject to special laws. 

I improve this opportunity to add a few remarks on this branch 
of the judiciary, which, if well organized, may have still a great in- 
fluence upon good order in our society ; which, however, if destined 
to be a source of income for mere loungers about the court-houses, 
deserves to be abolished at once. 

Ours is a government of majorities. In all collegiate bodies, in 
all legislatures, in all boards, in all elections, however important, 
also in that most decisive event, the ratification of the federal con- 
stitution, the law of majority is, or has been, recognised as im- 
perative ; but the English jury, which is but a judicial board, 
makes an exception from this rule. Their verdicts require una- 
nimity. The federal constitution, I say again, upon which depended 
the fate of this nation, went into operation by a majority vote of 
the thirteen states, while a jury verdict upon a single, perhaps, 
a very trifling case, shall require unanimity of twelve jurors ! 
The anomaly I speak of is but a caprice, and one of the curiosities 
of which the English code of procedure, to which this episode re- 
fers, abounds. I point out this curiosity here, in order that some 
one of our legislatures may abolish it. 



JURORS DISAGREE. 209 

The majority principle works very well in juries on the conti- 
nent of Europe. To admit, further, that a judicial board can aban- 
don a case because they do not agree, is tantamount to anarchy 
and revolution, because a court disables thus the state institution, 
which, in the main, depends upon its action. . Without a judiciary 
there is no state. We allow our officials, jurors included, too much 
latitude. I would rather see the whole jury abolished than in a 
single instance dismissed because they could not agree. There is 
no better proof of its defective organization, or rather uselessness, 
than this fact. The sworn duty of the jury is to give a verdict, as 
that of a court is to give a sentence. What would the public say 
of a judge who could not agree with himself about a sentence ! 

As long as the before-mentioned personal exceptions from 
jury service remains on the statute books, and those who are 
able to form an opinion on a case under trial may be challenged 
and rejected, the trial by jury will be offensive to the instinct of 
justice, and from time to time regulated by Lynch law and 
vigilance committees, in spite of the constitutional provisions 
about the eternity of the jury to the contrary. 

If a jury acquits a criminal whose guilt is matter of evidence 
— alas, cases of frequent occurrence — the verdict must be by 
the agency of a special tribunal, or the governor or the grand 
jury set aside, and the perfidious jurors at once persecuted for 
perjury, because such a verdict is legal perjury, and, indeed, 
treason — nothing else. The autocracy of jury verdicts must 
cease when their authors use their power to shield criminality, 
the very evil which to check and eradicate is one of the main 
objects of the state institution. The home source of the Eng- 
lish laws is a dismal swamp of immorality. The profligate per- 
sonal character of almost all English monarchs, the peculiarly 
corrupt manner of the composition of the parliament, the no- 
torious sunken morality of the aristocracy and leading men, 
must necessarily have exercised for centuries a sinister influence 
upon the laws and the masses. Unprincipled and reckless men 
never will make good laws, neither in Great Britain nor else- 
where. 

" 3. The free exercise and enjoyment of religious profession and wor- 
ship, without discrimination or preference, shall for ever be allowed in this 
state to all mankind ; and no person shall be rendered incompetent to be a 



210 MUNICIPAL GOVERNMENT. 

witness on account of his opinion on 'matters of religious belief; but the 
liberty of conscience hereby secured shall not be so construed as to excuse 
acts of licentiousness, or justify practices inconsistent with the peace of this 
state." . 

I do not think it is necessary to say a word in one of our 
constitutions about religion, worshipping, speaking, and printing, 
as little as about teaching, curing diseases, making shoes, etc., 
because a real free state never interferes with honest industry, 
never can have anything to do with such private affairs, except 
they are practised or managed in such a manner that they vio- 
late rights and give rise to complaints, when the judiciary will 
be called upon to look into the matter. 

" 4. The privilege of the writ of habeas corpus shall not be suspended, 
unless when, in cases of rebellion or invasion, the public safety may require 
its suspension." 

I have spoken of this so-called privilege in the first part. 

A general proviso, forming at the same time a part of the 
American common law, that no person shall be arrested unless 
guilty of disobedience when summoned, or of a criminal act 
(felony) and suspect of flight from justice, would now answer 
better for the real protection against abuse of power than this 
privilege ; because in spite of it, there are constantly persons ar- 
rested and set free on bail who should never be molested in this 
manner. 

I refer here only to the injuncture-procedure against the 
mayor of the city of New York, in the metropolitan police-law 
controversy, who, in opposing as mayor, this law, became neither 
a felon nor " suspect" to fly from justice, but was notwithstanding 
arrested. Secondly, I mention an arrest of the mayor of Brook- 
lyn because some one felt offended by his official acts. For what 
use is this rigor ? 

" 5. Excessive bail shall not be required, nor excessive fines imposed ; 
nor shall cruel and unusual punishments be inflicted, nor shall witnesses be 
unreasonably detained." 

General phrases of this kind are useless ; a witness should 
never be detained, but instantaneously examined and dismissed. 

It should be common law with us, that no person can be 
forced to bear testimony except before his regular court, to 



BAIL. — GRAND JURY. 211 

whom, if not the court of litigation or trial, the case, with ques- 
tions from both parties, may be sent for this purpose. This is 
the judicial practice, to my knowledge, on the continent of Eu- 
rope. It works well, is expeditious, and just and humane, while 
-the English custom deserves ^o be called savage. 

" 6. No person shall be held to answer for a capital or otherwise infamous 
crime (except in cases of impeachment, and cases of the militia when in 
actual service, and the land and naval forces in time of war, or which this 
state may keep with the consent of Congress in time of peace, and in cases of 
petit larceny, under the regulation of the legislature), unless on presentment 
or indictment of a grand jury ; and in any trial in any court whatever, the 
party accused shall be allowed to appear and defend in person and with 
counsel, as in civil actions. No person shall be subject to be twice put in 
jeopardy for the same offence; nor shall he be compelled in any criminal 
case to be a witness against himself, nor be deprived of his life, liberty, or 
property without due process of law ; nor shall private property be taken 
for public use without just compensation." 

The grand jury is also a part of the judicial machinery, at 
present considered by many of doubtful utility. Its delibera' 
tions ought to be secret, while in all cases of suspected violent 
death the coroner's inquest, preceding the action of the grand 
jury, is public J If a person has been acquitted for want of 
proof, and later clear proof of guilt is found, there is no good 
reason why the accused should not be tried again. Justice 
toward society requires, under such circumstances, a new inves- 
tigation, just as against a condemnatory sentence a new trial is 
allowed. That an accused may defend himself by counsel is 
well enough ; but it can not be denied that the admittance of 
counsel from the beginning of the trial is more calculated to 
defeat the ends of justice than to promote them. The pro- 
hibition of confessing a crime or making a clean breast, or as the 
phrase is, to be witness against one self, is immoral. To deprive 
one by law of his property, even for the benefit of beggars or 
paupers, would no doubt be unjust ; but it is daily done. All 
political charity, and all taxes raised by force of law for the sup- 
port of the poor, are so many violations of this maxim. There- 
fore no good government should draw charity into its sphere. 
It seems to be done in Great Britain, on account of a general 
popular custom, expressed by a cant phrase which you may often 
hear, viz., " the town or county owes me a living." I attribute 



212 MUNICIPAL GOVERNMENT. 

to it much of our public pauperism. According to the pauper 
statistics of Brooklyn, N. Y., in 1856-57 there were relieved, at 
public expense, by law, 2,295 families, viz., 479 American, 2,519 
Irish, 122 English, 15 Canadian, 31 Scotch, 2 Nova Scotians, 
1 Welsh, 71 Germans, 183 French, showing an immense pre- 
ponderance of the English for beggarism, probably because the 
city owes them a living, a phrase unknown to Germans. There 
is, if not a larger, an equal proportion of English (Irish in- 
cluded) and German inhabitants in this city. What good have 
those English beggars done for this city to oblige her to give them 
a living ? I stop for an answer. 

Charity, when practised by the state, will be made use of for 
political capital, and .demoralize the indigent, evils easily avoided 
by prudent private charity. In Europe, many political con- 
trivances, as high taxes, standing armies, frequent wars, interfer- 
ence with industry by laws, produces poverty, which, afterward, 
political charity tries to mitigate. Our system of government, 
which leaves every man entirely at liberty to procure by industry 
his daily bread, is diametrically opposed to such a monarchical 
policy. 

We should, therefore, never have imitated the same. It is a 
false pride to boast of our poor-house palaces. They are giving 
the lie to the principles of self-government. Both our beautiful 
rich country and excellent system of governing should, have pre- 
vented the growth of such foreign social parasitical plants. The 
Friends give the right example in this regard. The ladies 
should look into this political charity business. 

Of the municipal, land, and naval forces of this state, more 



FREE SPEECH. 213 



LETTER III. 

Compensation for Private Property when taken for Public Use. — Roads. — 
Liberty of the Press. — Libe's. — Assembling and Petition Right. — 
Divorce. — Lottery. — Escheats. — Feudal Tenures. — Allodiums. — Leases 
of Land. — Fines. — Quarter- Sales. — Indian Land -Sales. — Common 
Law. — Colonial Law. — Royal British Grants. — Property Laws. — 
American Common Law. — Rights of Self-Government. — Prohibition 
of Foreign Laws. — The Church Poor-Laws. — State Scholars. 

You will soon perceive that we are in the beehive of society. 

" 7. When private property shall be taken for any public use, the com- 
pensation to be made therefor, when such compensation is not made by the 
state, shall be ascertained by a jury, or by not less than three commissioners 
appointed by a court of record, as shall be prescribed by law. Private roads 
may be opened in the manner to be prescribed by law ; but in every case the 
necessity of the road, and the amount of all damage to be sustained by the 
opening thereof, shall be first determined by a jury of freeholders, and such 
amount, together with the expenses of the proceeding, shall be paid by the 
person to be benefitted." 

The proviso that no private property shall be taken for public use 
without compensation, is perfectly right. Specialities belong to spe- 
cial laws. Even no property of towns or counties shall be taken 
for the use of the state without compensation. The metropolitan 
state police-law encroached upon the property -right of towns or 
cities, by claiming their telegraphs, etc., for state purposes, and 
was, therefore, unconstitutional. 

" 8. Every citizen may freely speak, write, and publish his sentiments on 
all subjects, being responsible for the abuse of that right; and no law shall 
be passed to restrain or abridge the liberty of speech or of the press. In all 
criminal prosecutions or indictments for libel, the truth may be given in evi- 
dence to the jury; and if it shall appear to the jury that the matter charged 
as libellous is true, and was published with good motives and for justifiable 
ends, the party shall be acquitted, and the jury shall have the right to deter- 
mine the law and the fact." 

I refer to my remarks at clause third. It has been a disputed 
question among jurists, since time immemorial, whether a man who 
calls his neighbor a thief may be justified by proving that he has 



214 MUNICIPAL GOVERNMENT. 

stolen once, which, of course, constitutes a thief. The constitution 
says such chiding or calumniating may be justifiable ; but I think 
the matter belongs to a statute-book. People in a few years may 
think differently about the calling of bad names, and therefore 
consider such acts discourteous and not justifiable. Manners and 
morals alter from time to time, and laws bearing upon them also. 
Constitutions must not bar such alterations. The common sense 
expressed by an honest court and jury is the best judge in such 
things. In this clause is an express acknowledgment of the 
liberty of the press. I like in this regard that which is called in 
Great Britain a constitution much better for being silent on this 
subject. There is no free society without liberty of industry, that 
of printing, speaking, preaching, etc., included. Better preserve 
this most precious liberty without saying a word about it in the 
constitution. Public opinion is the surest guaranty of such things, 
while printed words may be quibbled away by unreasonable in- 
terpretation. The heart of the people, from which emanates 
public opinion, no court, no lawyer can quibble away. 

" 9. The assent of two thirds of the members elected to each branch of the 
legislature shall be requisite to every bill appropriating the public moneys or 
property for local or private purposes." 

This clause betrays a want of principle and a wrong view of 
state institutions. Their resources are, presumptively, taxes 
raised for the support of this institution, and not for that of pri- 
vate persons under whatever pretexts. To prevent this by a two- 
third vote or a unanimous vote of the legislature, is realizing 
injustice and an abuse of state power. Canals, concerts, theatres, 
agriculture, tailoring, book-writing, and a thousand other private 
affairs, however good and desirable, must not induce a good legis- 
lature to spend a cent of the state revenues for such things. 
Free or unsubject society, if not impoverished by high taxes, is 
well able to take care of all private affairs ; but no society as it 
is at present can go along without a state institution providing 
justice. 

" 10. No law shall be passed abridging the rights of the people peaceably 
to assemble, and to petition the government, or any department thereof; nor 
shall any divorce be granted otherwise than by due judicial proceedings ; nor 
shall any lottery hereafter be authorized, or any sale of lottery tickets 
allowed, within the state." 



ESCHEAT LAWS. 215 

A democratic society can not exist without the right of assem- 
bling. Our government officials are our agents ; nothing else. 
That such officials ever should stop peaceable meetings, or refuse 
to accept petitions, or dare to forbid petitioning, is in our times 
incredible. Such negative provisoes, quite frequently occurring 
in the federal constitution, are not subjects for a real bill of rights. 

Lotteries are games, and may be allowed to-day and forbidden 
to-morrow, without mentioning them in a constitution. Divorces 
are litigious cases belonging by themselves to the tribunals. 

"11. The people of this state, in their right of sovereignty, are deemed to 
possess the original and ultimate property in and to all lands within the ju- 
risdiction of the state ; and all lands, the title to which shall fail, from a de- 
fect of heirs, shall revert or escheat to the people. 

A special escheat law has to settle the rights about property 
without owner. This may well be left to the towns", a part of the 
state where it has been presumptively acquired. So the clause 
will not be missed here if obliterated and transplanted' into the 
statute-book. 

"12. All feudal tenures of every description, with all their incidents, are 
declared to be abolished ; saving, however, all rents and services certain 
which at any time heretofore have been lawfully created or reserved. 

" 13. All lands within this state are declared to be allodial, so that, subject 
only to the liability to escheat, the entire and absolute property is vested in 
the owners according to the nature of their respective estates. 

" 14. No lease or grant of agricultural land for a longer period than twelve 
years, hereafter made, in which shall be reserved any rent or service of any 
kind, shall be valid. 

"15. All fines, quarter-sales, or other like restraints upon alienation, re- 
served, in any grant of land hereafter to be made, shall be void. 

" 16. No purchase or contract for the sale of lands in this state, made since 
the fourteenth day of October, one thousand seven hundred and seventy-five > 
or which may hereafter be made, of, or with the Indians, shall be valid, unless 
made under the authority and with the consent of the legislature." 

There seems to have been no logical connection between those 
clauses and a real bill of rights. All such things belong to the 
statute-book. 

"17. Such parts of the common law, and of the acts of the legislature of 
the colony of New York, as together did form the law of the said colony, on 
the nineteenth day of April, one thousand seven hundred and seventy-five, 
and the resolutions of the Congress of said colony, and of the Convention 
of the state of New York, in force on the twentieth day of April, one thousand 
seven hundred and seventy-seven, which have not since expired, or been re- 



216 MUNICIPAL GOVERNMENT. 

pealed or altered ; and such acts of the legislature of this state as are now in 
force shall be and continue the law of this state, subject to such alterations 
as the legislature shall make concerning the same. But all such parts of the 
common law, and such of the said acts, or parts thereof, as are repugnant to 
this constitution, are hereby abrogated, and the legislature at its first session 
after the adoption of this constitution, shall appoint three commissioners, 
whose duty it shall be to reduce into a written and systematic code the whole 
body of the law of this state, or so much and such parts thereof as to the 
said commissioners shall seem practicable and expedient. And the said 
commissioners shall specify such alterations and amendments therein as they 
shall deem proper, and they shall at all times make reports of their proceed- 
ings to the legislature when called upon to do so; and the legislature shall 
pass laws regulating the tenure of office, the filling of vacancies therein, and 
the compensation of said commissioners ; and shall also provide for the 
publication of the said code prior to its being presented to the legislature for 
adoption." 

All laws enacted by a legislative body of the state of J!^ew 
York, or the colony of New York, must be obeyed until repealed. 
What laws are valid is the business of the jurists and courts to 
know. This proviso seems therefore to be superfluous. 

"18. All grants of land within this state, made by the king of Great 
Britain, or persons acting under his authority, afier the fourteenth dny of 
October, one thousand seven hundred and seventy-five, shall be null and void ; 
but nothing contained in this constitution shall affect any grants of land 
within this state, made by the authority of the said king or his predecessors, 
or sha^l annul any charters to bodies politic and corporate, by him or them 
made before that, day, or shall affect any such grants or charters since made 
by tl lis state, or by persons acting under its authority, or shall impair the 
obligation of any debts contracted by this state, or individuals, or bodies cor- 
porate, or any other rights of property, or any suits, actions, rights of action, 
or other proceedings in courts of justice." 

This proviso is in connection with the colonial history. In 
1775 the first Congress of the thirteen states assembled at Phila- 
delphia, New York among them. In 1776 appeared the Declara- 
tion of Independence. A special act may be useful to guide the 
courts in regard to the beginning of the political state independ- 
ence. Constitutions have nothing to decide on private rights. 
This is the business of the judiciary. All these provisoes from 
twelve following are in connection with the manor difficulties ex- 
isting in this state. About the different modes of possessing 
property, the statute-book must be explicit. A feudal tenure is 
land, the limited title of which is derived from a feudal lord, or 
superior proprietor, who retains a superior property right, recog- 



AMERICAN COMMON LAW. 217 

nised by tribute, rent, or services. The opposite is allodial 
property. 

We have in a great measure disentangled our state institutions 
from many features of an English origin 7 and still have perse- 
veringly to pursue this course of reform to make them America!'. 
But before we part from this so-called bill of rights, I should point 
it out as a sensible trait of this constitution worthy of imitation, 
that its framers have not inserted the stereotyped phrase gene- 
rally occurring in other "northern" constitutions, which prohibit 
involuntary service or bound labor ; because it is not only entirely 
superfluous, this kind of labor being in the north self-prohibitive, 
but also discourteous toward our southern states, and exceedingly 
injurious to personal freedom, by frightening away the masters 
with their bound laborers, from such states, thus depriving the 
slaves of a chance to become acquainted with society where free 
labor prevails. 

A constitution is a frame, a form, an organic law, and neither a 
statute, nor a grant or compromise, in the proper sense of these 
words. The frame must tit society easily ; society must not he 
cramped into the frame. 

I take advantage here to add a few remarks on American com- 
mon law. What bears this name at present is of English origin, 
and, in regard to general maxims, fair enough, but not better 
than the Roman law, the main source of all European codes, 
called, on account of its sound reasoning, written reason. However, 
the English common law does not exactly answer for our purposes. 
In order to come to an indigenous common law, our state consti- 
tutions should — firstly, prohibit all reference to any foreign law of 
whatever origin ; secondly, it should be a general maxim that the 
judiciary, if called upon to judge on the constitutionality of lavs, 
shall so construe the constitution as if it never intended to interfere 
with the rights of self-government, of persons, families, towns, and 
counties, but that one of their main objects is to protect and guar- 
anty those rights ; thirdly, that a rule be laid down for the division 
of overgrown political districts, and that these districts are pro- 
hibited from contracting debts for private or non-political subject, 
to avoid all chances for repudiations and similar dishonest acts ; 
fourthly, that towns are made responsible for all damages in per- 
sons and property caused by riots of bands; that counties are 

10 



218 MUNICIPAL GOVERNMENT. 

responsible for the same caused by riots of the people of a whole 
town, and that they shall be respectively charged and assessed. 
If persons are killed, the tariff or principles generally followed in 
railroad and similar accidents may serve as a rule. By-the-by, 
these railroad indemnifications prove that in law every person, 
and not a bound laborer only, has a money value. 

Those who wish to appreciate the name American, as Washing- 
ton desired in his farewell address, must long for a common law 
of our own. We are too much governed by foreign laws antag- 
onistic to our institutions. If I appear as speaking harsh upon 
such inherited laws, I wish it to be understood that I do not reflect 
upon men. I recollect to have seen in Sparks's Life of Franklin, 
an old letter from that true nobleman, Larochefacault, wherein 
he congratulates the doctor on the federal constitution, adding ex- 
pressly that it would now become necessary to change our code 
of laws. I write from memory. If we strip our legislatures of 
all power to meddle with non-political business, and thus confine 
their whole attention and time to the better realization of justice, 
should we not easily and naturally arrive to a more perfect state of 
public administration and public virtue, too, than the present ? 
Why not make our states in this, their proper sphere, perfect? 

My suggestions on the management of our states are at va- 
riance with the present practice, and why ? because I maintain 
that only strictly political business should be intrusted to govern- 
ments, while the usual policy starts from the idea that a state 
government may do anything it thinks proper for society. The 
difference, therefore, is in business, not in men. I further main- 
tain that my views are strictly American, and the other European 
or Asiatic. If our legislatures ordain that the counties shall have 
power to establish poorhouses, and tax the people to raise the funds 
for their support, they assume that the supporting of poor men is 
a political business, while I call it a mere charitable private per- 
sonal act of brotherly love. The Christian church, from its be- 
ginning, took hold of this business, tried to introduce communism 
on this account, and later, when united with the states, transferred 
it to them. We have separated the church from the state, and 
the church has to take back this charity business, if it may not 
be entirely left with the benevolent, as a mere personal private 
affair; instead of doing so we have, by bad centralization, made it 



STATE SCHOLARS. 219 

a county business. The motion made in the legislature of the 
state of New York of 1857-8, to create a central state-board, for 
the governing of the poor and almshouse affairs, consisting of a 
number of commissioners with a salary of four thousand dollars 
each (I write again from memory), would, if successful, only in- 
crease this bad centralization. Still, as gratuitous as this motion 
appears, it is in fact not worse than the law which creates political 
county poorhouses. 

Another illustration. Sciences and arts are no doubt non-political 
business. Still at the same legislative session a motion was made 
to create a state-scholarship. Also this proposition has not been 
acted upon ; but if we have state regents for colleges^ etc., why 
not have state scholars, too? Such things are anti- American, 
while the Grand Turk and Queen Victoria may create as many 
state or court histographers, scholars, painters, etc., as they please, 
and give them salaries, pensions, orders, titles, etc., beside, and 
Napoleon III. may forbid soldiers to write newspaper articles. 
Such motions and laws are to be deprecated in our society. They 
creep into our statutes in spite of our bills of rights, so that they 
seem not to be set up with an eye to the perfecting of the 
American system of governing. But this should be the case, if 
they are for any use at all. 



LETTER IV. 



Elective Franchise. — Restrictions. — Citizenship. — Ballot. — Family voting 
right. — Woman. — Connecticut. — Christianity. — Polygamy. — Utah. — 
Kansas Scandals. 

Nothing has been a greater stumbling-block for legislators, 
both ancient and modern, than the voting laws, nearly related to 
the citizenship right. Age, birth, property, taxes, color, religion, 
and other more or less irrelevant items have been made suffrage 
conditions, and no two of our states have uniform laws about it. 
They at least all conflict with those of Congress in regard to the 
voting of naturalized citizens. Still the suffrage right is the main 
spring in our political machinery. It brings us good or bad leg- 
islators and governors. This constitution has adopted what is 



220 MUNICIPAL GOVERNMENT. 

called the general suffrage. I have already observed that it is not 
just, and therefore can not be beneficial for society. On this very 
ground the representative system has taken the place of the pure 
democracy in the United States. However, in a republic most 
important questions, as the adoption or amending of constitutions 
and charters, must necessarily pass the popular ordeal. The cit- 
izens of Brooklyn and Williamsburgh had to vote on consolidation, 
a purely monarchical measure, in the end detrimental for both cit- 
ies, each being already too large for a good local administration. 
They voted affirmatively. No true republican statesman will ap- 
prove of such a vote. How important, therefore, is this subject 
for society. 

But let us see what our constitution ordains about it. 

ARTICLE II. 

The Elective Franchise. 

" 1. Every male citizen of the age of twenty-one years, who shall have been 
a citizen for ten days, and an inhabitant of this state one year next preceding 
any election, and for the last four months a resident of the county where he 
may offer his vote, shall be entitled to vote at such election in the election 
district of which he shall at the time be a resident, and not elsewhere, for all 
officers that now are or hereafter may be elected by the people ; but such cit- 
izen shall have been for thirty days next preceding the election, a resident of 
the district from which the officer is to be chosen for which he offers his vote. 
But no man of color, unless he shall have been for three years a citizen of 
this state, and for one year next preceding any election shall have been seized 
and possessed of a freehold estate of the value of two hundred and fifty dol- 
lars, over and above all debts and encumbrances charged thereon, and shall 
have been actually rated and paid a tax thereon, shall be entitled to vote at 
such election. And no person of color shall be subject to direct taxation un- 
less he shall be seized and possessed of such real estate as aforesaid. 

Accordingly the right of voting belongs, in this state, exclusively 
to male persons. This is not right. The political organization is 
not a personal but a social necessity ; not made exclusively for the 
male persons of age, and, if of color, in the possession of a free- 
hold estate worth two hundred and fifty dollars, but for the people, 
that is, men, women, children, and all their interests. Human so- 
ciety is -not, like armies, clubs, and partnerships, composed of per- 
sons, but of families. If this is true, and I think it is manifest 
enough, then to the families, as the constituents of society, belongs 
exclusively the suffrage right. But this criterion is not all that, 



LANGUAGE IN PUBLIC USE. 221 

in our modern free states, a voting law requires. These are or- 
ganized by written or printed constitutions, hence a necessity that 
the voter, who represents the family, when the family voting-right 
is legal, should, besides be able to read the language in public use, 
and to write it too, because he has to vote with the help of printed 
or written tickets. The working of the machinery of the state 
depends upon publicity, or upon writing, reading, speaking, and 
printing. The public business must, in a great measure, remain 
chaotic for a man who can not read. How will such a man be 
able to vote with due circumspection ? If they were, for the time 
being, excluded from the polls, it would induce the indolent to learn 
how to read and write, and have his children instructed, without 
being forced to it by truant laws and policemen ; or by school 
boards and state laws. Connecticut had the courage to make the 
knowledge of language a voting law. Give, then, each family a 
vote, to be cast by its head, retain the term of twenty-one years 
of age, add the just-mentioned conditions, harmonize the state and 
Congressional legislation, and you will not only comply with the 
equitable laws of society, but also reconcile woman with the state 
institutions. They have a greater influence upon their success 
than is usually believed. 

It is an act of sincere chivalry to make woman a silent partner 
of the citizenship right. The pernicious aberrations about wo 
man's rights, require, urgently, such a law as a corrective. 

" 2. Laws may be passed excluding from the right of suffrage all persons 
who have been, or may be convicted of bribery, larceny, or of any infamous 
crime, and for depriving every person who shall make, or become directly or 
indirectly interested in any bet or wager depending upon the result of any 
election, from the right to vote at such election. 

This is matter for a criminal law-code, or statute-book, but gen- 
erally right. Such men should also be excluded from the jury. 

" 3. For the purpose of voting, no person shall be deemed to have gained 
or lost a residence, by reason of his presence or absence, while employed in 
the service of the United States ; nor while engaged in the navigation of the 
waters of this state, or of the United States, or of the high seas ; nor while 
a student of any seminary of learning, nor while kept at any almshouse, or 
other asylum, at public expense ; nor while confined in any public prison." 

Belonging to the statute book. 

"4. Laws shall be made for ascertaining by proper proofs the citizens who 
shall be entitled to the right of suffrage hereby established. 



222 MUNICIPAL GOVERNMENT. 

" 5. All elections by the citizens shall be by ballot, except for such town 
officers as may by law be directed to be otherwise chosen." 

Partly objects of special laws. 

I venture a few lines more upon this subject. 

Such a judicious suffrage law as that of families, resting upon 
a just social basis, must exercise a highly beneficial influence upon 
the governments, public virtue, and the morals in general. 

Christianity has sanctified the family state, the best men of 
all ages, our Franklin included, have advised its establishment. 
Why then should the civil law hesitate to support it? By giving 
to the families exclusively the suffrage right, the state would act 
in the spirit of Christianity and humanity, and bestow upon wo- 
man so much social equality, as naturally belongs to her, while 
the usual general suffrage law ignores her entirely, and brings 
men upon the political stage who are not entitled to it. I speak 
only of the family suffrage right, not of offices, those may be oc- 
cupied by any qualified person, whether married or not. 

There good statesmanship is in request. It should begin with 
the territories. 

It would have prevented polygamy in Utah or elsewhere in the 
United States, either sanctioned by law, or connived at, especially 
in large cities ; it would prevent Kansas-voting scandal ; it would 
exclude not only the votaries of celibacy from the polls, but also 
all mobs. It promises better quiet voting than anything which 
has been devised at present. Why not try it ? 

What I miss in this article is, that the Congressional legislation 
on the citizenship rights of .emigrants has not been noticed at all, 
although this constitutes in this regard the supreme law of the 
land. It would be well to act in such things systematically. The 
people in New York state must cheerfully respect the laws made 
by the agency of their own representatives in Congress. By 
doing so their own proper state laws will be, in turn, more cheer- 
fully respected. 

What may we reasonably expect from frequent elections and 
rotation in office ? This is an appropriate question here, which 
you can only answer if you abstract entirely from persons and par- 
ties, and argue merely upon "business, population, and size," 
as I have often observed. If those three material items are not 
well adjusted, no election, no change of party, no rotation will im- 



LEGISLATURE. 223 

prove the public affairs, because no men, however experienced, 
skillful, and honest, can manage a business well, which, by itself, 
is unmanageable. A hundred TVashingtons can not make of 
France a good republic, unless the size, population, and public 
business, are previously r.epublicanized, the standing army dis- 
banded, the state clergy abolished, etc., etc. All our dispropor- 
tionate cities and states will only, by too much office-rotation and 
too frequent party shifts, be ruined faster than under a more steady 
form of government. The history of the last twenty-five years 
must convince every sensible man that the evil is not personal but 
material. To have then the least faith in party-shifts is absurd. 
All parties will make the most of the bad state of things, will with 
alacrity promise reforms, and the honest men among them will try 
to the utmost of their abilities to realize them, but not to much 
real purpose. The mayors of New York since twenty-five years 
were all able men. In what condition is the city ? Every day's 
paper tells it. I conclude this epistle with a common-sense ques- 
tion : what voyage do you think a first rate sea-captain would make 
with a vessel whose rudder and sails are not adequate to the size 
of the craft? 



LETTER V 



Legislature. — Senate. — Districts. — Census. — Apportionment. — Assem- 
bly Districts. — Compensation. — Civil Appointment. — Congressional Of- 
ficers. — Election Time. — Quorum. — Journal. — Originating of Bills. — 
Enacting Clause. — Majority. — Private Bills. —Legislative Powers of the 
Supervisors. — County Election District. — Family Census. — France. — 
Connecticut. — Aristotle. — Greeks. 

TVe have now to examine seventeen provisoes on the legislative 
powers. You will remember that in regard to the national po- 
litical affairs all legislative powers are committed to the care of 
one body — the Congress. But a mere glance at a state map or 
the working of our state institutions, as I have endeavored to de- 
scribe it in a separate letter in the First Part, will convince you 
that, in a municipal state, the legislative powers are not so much 
centralized as in Congress, but divided into three channels or dis- 
tricts, called state, county, and town (cities and villages), an ar- 



224 MUNICIPAL GOVERNMENT. 

rangement which is of the highest importance for the good dis- 
patch of the municipal business, and the preservation of order and 
civil liberty. Interference with the legislative, judicial, and exe- 
cutive rights of these districts are called encroachments or rebel- 
lions. Let us see what the constitution contains about the law- 
making powers of those districts. 

ARTICLE III. 

" 1. The legislative power of this state shall be vested in a senate and as- 
sembly." 

We meet here the double chamber system again. 

" 2. The senate shall consist of thirty-two members, and the senators shall 
be chosen for two years. The assembly shall consist of one hundred and 
twenty-eight members, who shall be annually elected." 

This proviso creates annual sessions, while biennial would prom- 
ise to prevent too much legislation, a great evil in our times. 

"3. The state shall be divided into thirty-two districts, to be called senate 
district*, each of which shall ehoo.-e one senator. The districts shall be num- 
bered from one to thirty-two inclusive. District No. 1, shall consist of the 
counties of Suffolk, Richmond, and Queens. District No. 2 shall consist 
of the county of Kings. Districts No. 3, 4, 5, and 6 shall consist of the 
city and county of New York. And the board of supervisors of said city 
and county shall, on or before the first day of May, 1847, divide the said 
city and county into the number of senate districts to which it is entitled, 
as near as may be of an equal number of inhabitants excluding aliens and 
persons of color not taxed, and consisting of convenient and contiguous 
territory, and no assembly district shall be divided in the formation of 
a senate district. The board of supervisors, when they shall have com- 
pleted such division, shall cause certificates thereof, stating the number and 
boundaries of each district and the population thereof, to be fib d in the office 
of the secretary of state and of the clerk of the said city and county. Dis- 
trict No. 7 shall consist of the counties of Westchester, Putnam, and Rock- 
land. District No. 8 sh;ill consist of the counties of Dutchess and Columbia. 
District No. 9 shall consist of the counties of Orange and Sullivan. District 
No. 10 shall consist of the counties of Ulster and Greene. District No. 11 
shall consist of the counties of Albany and Schenectady. District No. 12 
shall consist of the county of Rensselear. District No. 13 shall consist of 
the counties of Washington and Saratoga. District No. 14 shall consist of 
the counties of Warren, Essex, and Clinton. District No. 15 shall consist 
of the counties of St. Lawrence and Franklin. District No. 16 shall consist 
of the counties of Herkimer, Hamilton, Fulton, and Montgomery. District 
No. 17 shall consist of the counties of Schoharie and Delaware. District 
No. 18 shall consist of the counties of Otsego and Ch< nango. District No. 
19 shall consist of the county of Oneida. District No. 20 shall consist of 



COUNTIES. — TOWNS. 225 

the counties of Madison and Oswego. District No. 21 shall consist of the 
counties of Jefferson and Lewis. District No. 22 shall consist of the county of 
Onondaga. District No. 23 shall consist of the counties of Cortland, Broome, 
and Tioga. District No. 24 shall consist of the counties of Cayuga and 
Wayne. District No. 25 shall consist of the counties of Tompkins, Seneca, 
and Yates. District No. 26 shall consist of the counties of Steuben and 
Chemung. District No. 27 shall consist of the county of Monroe. District 
No. 23 shall consist of the counties of Orleans, Genesee, and Niagara. Dis- 
trict No. 29 shall consist of the counties of Ontario and Livingston. Dis- 
trict No. 30 shall consist of the counties of Allegany and Wyoming. District 
No. 31 shnll consist of the county of Erie. District No. 32 shall consist of 
the counties of Chautauque and Cattaraugus." 

This proviso takes the place of one in the old constitution, which 
made the county the basis of the senatorial election. It is no im- 
provement — rather the reverse. The counties are the large trunk 
roots of the state tree — the towns their rootlets. Both are its 
supporters and feeders. These districts are the schools of citizen- 
ship, the nurseries of practical business men, the arenas for the 
exercise of talent, the receivers of patriotic bounties, the managers 
of the true political home interests, the fields upon which grow 
the substantial blessings of liberty, the depositories of the real 
rights and privileges of freemen. Each may develop a charac- 
ter of its own either good or bad, each is a circle full of attach- 
ments, hopes, home-feelings, and recollections, dear even to the 
rudest. From such a circle we must take our legislators, if we 
will have trustworthy, self-made, representative men, speaking out 
the legitimate incorporate voice of the people. There the legis- 
lator has his family, his companions, his popular stand and stand- 
ard ; there are his restraints, and there he can and will be held 
responsible. This proviso now destroys, in a great measure, these 
guaranties. It transplants him into a district which,' being a mere 
abstraction, cuts him loose from those roots and rootlets of the 
state tree, throwing him, with body and soul, into the caldron of 
party, wherein are boiled such laws as the metropolitan police 
law, and court factions, which create elective judiciaries and simi- 
lar abortions. A senator from such a paper district represents 
nothing political — no constitutional interest. This explains why 
the senate of the state of New York refused to repeal the metro- 
politan police law, although desired by the four counties in ques- 
tion, with over one million of souls, and voted for by the assembly. 

10* 



226 MUNICIPAL GOVERNMENT. 

Such a senate knows nothing of counties and their interests, and 
boldly ignores petitions, however well-founded in right. 

Why the state senate shall consist of only thirty-two members 
and the other house of one hundred and twenty-eight, although 
both have the same business, even in regard to the state finances, 
to perform, is, as I observed before, not intelligible, because the 
main reason of this dualism is to check inconsiderate legislation. 

Again, republics must be plainly organized. It must be the 
tender solicitude of statesmen to make intelligence, patriotism, and 
all public virtues available for the primitive, indispensable, social 
working districts, called towns and counties, in order to perfect 
their constitutional efficacy. 

I willingly admit that the districting policy of the constitution 
may have its origin in the numerical inequality of the counties, 
and do not believe- that it originated exactly in party politics, or a 
distinct plan to emasculate the counties and towns, or to neutralize 
their public influence ; far from it. Still it does immense harm. 
Our legislatures or governments rule by the counties and towns ; 
they are their strong hands and arms. To slight them is tanta- 
mount to weakening the government. The reverse takes place in 
monarchies. There the policy is to strip the counties and towns 
of their rights and independence, and render them subservient to 
the will of the ruler. If the legislatures keep the counties nu- 
merically in order, divide them as often as necessary, they will 
serve for all election purposes at all times very well. 

"4. An enumeration of the inhabitants of the state shall be taken under the 
direction of the legislature, in the year one thousand eight hundred and fifty- 
five, and at the end of every ten years thereafter; and the said districts shall be 
so altered by the legislature, at the first session after the return of every enume- 
ration, that each senate district shall contain, as nearly as may be, an equal 
number of inhabitants, excluding aliens and persons of color not taxed ; and 
shall remain unaltered until the return of another enumeration, and shall at 
all times consist of contiguous territory, and no county shall be divided in 
the formation of a senate district, except such county shall be equitably en- 
titled to two or more senators." 

This section is the cause of the state census. It is based upon 
the inhabitants, and not upon the families. But after a hundred 
thousand countings of the people in all parts of the world, in an- 
cient and modern times, have elicited the truth, that the number 
of families, multiplied by five, give as exact a result as the 



FAMILY CENSUS. 227 

counting of all the inhabitants, in consideration that the constant 
changes caused by birth and mortality influence minutely the cen- 
sus. Why not, I ask, stick to this truth — which is a law of nature 
— and repeat that troublesome personal enumeration again and 
again ? We can be with this truth quite as well satisfied as with 
that that twice two make four. I have written on the family cen- 
sus in other places, and add here, that it not only simplifies the 
business, but opens also the way to the family suffrage. 

We live upon a very much exposed hill ; our public affairs are 
mercilessly scrutinized abroad. A French savant, in favor of 
republican institutions, some years ago, argued thus : " If those 
political wiseacres in the United States had long time since adop- 
ted the family suffrage, already recommended by Aristotle as the 
best, we probably would have adopted both, never indulged in the 
dangerous experiment of the general suffrage — a great insult to 
woman — excluded thus the vote of the mobs, standing army, and 
unmarried clergy from the ballot-box, and arrived at other results 
than we witness now." Why have the most intelligent people of 
antiquity, the Greeks, not followed the counsel of one of the best 
philosophers the world has produced? Because they were a 
branch of the Oriental society, transplanted to Europe, and, there- 
fore, polygamists. The fact that the cunning Napoleons trusted 
their luck to the general suffrage speaks, no doubt, volumes in 
favor of the family suffrage. Still it would be impossible to intro- 
duce it into France, because Paris and the army and clergy would 
be against it. But the true friends of social progress will greet it 
as a great moral and political victory, that Connecticut — just of 
the right proportion to be a good state, as she really is — has made 
one step ; one more, and all the glory will be with her. 

By-the-bye, the items which we collect at the census-taking 
are, in our eternally-moving society, of a very little worth, and 
may be as well left with the industry of the friends of statistics, 
editors, and publishers, to whose business line they belong. A 
state institution with us is not made to enlighten the people, as I 
told you before. 

" 5. The members of assembly shall be apportioned among the several 
counties of the state, by the Legislature, as nearly as may be, according 
to the number of their respective inhabitants, excluding aliens and persons 
of color not taxed, and shall be chosen by single districts." 



228 MUNICIPAL GOVERNMENT. 

This clause and the following may lead to a new districting, 
which can not happen if the counties are organized with due re- 
gard to population. 

" The several boards of supervisors in such counties of this state, as are 
now entitled to more than one member of assembly, shall assemble on the 
first Tuesday of January next, and divide their respective counties into as- 
sembly districts equal to the number of members of assembly to which such 
counties are now severally entitled by law, and shall cause to be filed in the 
offices of the secretary of state and the clerks of their respective counties a 
description of such assembly districts, specifying the number of each district 
and the population thereof, according to the last preceding state enumeration, 
as near as can be ascertained. Each assembly district shall contain, as nearly 
as may be, an equal number of inhabitants, excluding aliens and persons of 
color not taxed, and shall consist of convenient and contiguous territory; 
but no town shall be divided in the formation of assembly districts. 

" The legislature, at its first session after the return of every enumeration, 
shall re-apportion the members of assembly among the several counties of 
this state, in manner aforesaid, and the boards of supervisors in such coun- 
ties as may be entitled, under such re-apportionment, to more than one mem- 
ber, shall assemble at such time as the legislature making such re-apportion- 
ment shall prescribe, and divide such counties into assembly districts, in the 
manner herein directed ; and the apportionment and districts so to be made 
shall remain unaltered until another enumeration shall be taken under the 
provisions of the preceding section. 

" Every county heretofore established and separately organized, except the 
county of Hamilton, shall always be entitled to one member of the assem- 
bly, and no new county shall be hereafter erected, unless its population shall 
entitle it to a member. 

" The county of Hamilton shall elect with the county of Eulton, until the 
population of the county of Hamilton shall, according to the ratio, be en- 
titled to a member." 

I am not called upon to make proposition for a new constitu- 
tion ; but, as an interested looker-on, I take the liberty to suggest : 
To elect in each county (large cities respectively treated) one 
senator and one assembly-man, which will make it possible for the 
people to select able men from the right place and for the right 
business. 

" 6. The members of the legislature shall receive for their service a sum not 
exceeding three dollars a day, from the commencement of the session ; but 
such pay shall not exceed in the aggregate three hundred dollars for per diem 
allowance, except in the proceedings for impeachment. The limitation as 
to the aggregate compensation shall not take effect until 1848. When con- 
vened in extra session by the governor, they shall receive three dollars per 
day. They shall also .receive the sum of one dollar for every ten miles 



COMPENSATION. — DISQUALIFICATIONS. 229 

they shall travel, in going to and returning from their places of meeting 
on the most usual route. The speaker of the assembly shall, in virtue of 
his office, receive an additional compensation equal to the one third of his 
per diem allowance as a member." 

This proviso has some excellent features. Its principal pur- 
pose is to make legislation respectable, by limiting the time of a 
session virtually to one hundred days, preventing in this manner 
speculations with law-making. Still, this bears yet more improv- 
ing. Suppose the honor to be a legislator of the most enlight- 
ened part of society — an American free state deserves this 
praise without flattering — should be considered by the constitu- 
tion so highly valuable that no pay would be adequate, and there- 
fore none allowed by the constitution ; this would shorten the 
session still more > curtail superfluous buncomb Kansas speech-mak- 
ing and resolving on heterogeneous things, and oblige the legisla- 
tors to husband their time. . All special (log-rolling) laws would 
become very scarce, for their objects can be in most instances 
reached by judiciously-organized counties and towns. It is the 
price of genuine civilization to be in need of a very little govern- 
ing. Paul was well aware of this ; hence his sound doctrine. 

" 7. No member of the legislature shall receive any civil appointment within 
this state, or to the senate of the United States, from the governor, the gov- 
ernor and senate, or from the legislature, during the term for which he shall 
have been elected ; and all such appointments, and all votes given for any 
such memher for any such office or appointment, shall be void. 

"8. No person being a member of Congress or holding any judicial or 
military office under the United States, shall hold a seat in the legislature. 
And if any person shall, after his election as a member of the legislature, be 
elected to Congress or appointed to any office, civil or military, under the 
government of the United States, his acceptance thereof shall vacate his 
seat. 

"9. The elections of senators and members of assembly, pursuant to 
the provisions of this constitution, shall be held on the Tuesday succeeding 
the first Monday of November, unless otherwise directed by the legislature. 

"10. A majority of each house shall constitute a quorum to do business. 
Each house shall determine the rules of its own proceedings, and be the 
judge of the elections, returns, and qualifications of its own members, shall 
choose its own officers, and the senate shall choose a temporary president, 
when the lieutenant-governor shall not attend as president, or shall act as 
governor. 

" 11. Each house shall keep a journal of its proceedings, and publish the 
same, except such parts as may require secrecy. The doors of each house 
shall be kept open, except when the public welfare shall require secrecy. 



230 MUNICIPAL GOVERNMENT. 

Neither house shall, without the consent of the other, adjourn for more than 
two days. 

"12. For any speech or debate in either house of the legislature, the 
members shall not be questioned in any other place. 

" 13. Any bill may originate in either house of the legislature, and all 
bills passed by one house may be amended by the other. 

" 14. The enacting clause of all bills shall be, ' The People of the state of 
New York, represented in senate and assembly, do enact as follows ;' and 
no law shall be enacted except by bill. 

" 15. No bill shall be passed unless by the assent of a majority of all the 
members elected to each branch of the legislature, and the question upon 
the final passage shall be taken immediately upon its last reading, and the 
yeas and nays entered on the journal. 

" 16. No private or local bill which may be passed by the legislature, 
shall embrace more than one subject, and that shall be expressed in the 
title. 

"17. The legislature may confer upon the boards of supervisors of the 
several counties of the state, such farther powers, local, legislative, and ad- 
ministrative, as they shall from time to time prescribe." 

This is plain. The seventeenth clause contains all the infor- 
mation in the constitution about the local, legislative, and admin- 
istrative powers vested in the county officials. The names of 
the counties are also given ; but why there are counties, where 
they are coming from, what difference there is between towns 
and counties, whether these most important political districts are 
of Dutch, or English, or American origin, and entirely depend- 
ing upon the pleasure of the legislature or not, what rights they 
possess, the constitution does not show. If these political districts 
are mere accidental, why say a word in the constitution about 
the canals and canal officers, banks, etc, who, as such, have not 
the least connection with the state institution proper ; or do we re- 
quire canals or salt springs for the realization of justice ? Is there 
a word in the federal constitution concerning forts, arsenals, and 
docks, although Congress have built several ? The omission of 
the organic dispositions concerning the towns and counties is, no 
doubt, a cardinal oversight ; for without these districts the state 
machinery could not work at all ; and if they are not organized 
according to sound, firm, political principles, laid down in the con- 
stitution, it will work but badly, while without a line on canals, 
corporations, education, banks, and the like, this institution would 
answer to its real purpose very well. These districts are as it 
were, social breakwaters in regard to the powers of the governing 



TEMPERANCE LAWS. 231 

and governed. Without them the government would not take 
root or be firmly anchored, but drift about at the mercy of the 
populace, who on the other hand, without them, would be in 
eternal confusion and commotion. In a word, anarchy would be 
the rule, and tyranny take the place of civil liberty. 

Before I leave this subject, I ask you to imagine what intoler- 
able confusion there would be in a house without division walls 
and rooms, like a church, occupied by a large number of families 
to live in. The same confusion would happen in society if it 
were not divided into convenient business districts, in ancient 
times known as clans, tribes, etc. Even in absolute monarchies 
you will therefore find social divisions, answering to our town- 
ships and counties. Their importance is my excuse if I am too 
diffuse. 

If you are attentive to the current legislation, you will notice 
instances of laws failing, because they are declared unconstitu- 
tional or repugnant to society. This happens invariably if by 
such laws the public business is dislocated. As an example, I 
avert to the state temperance laws. These have everywhere 
failed, because it is a part of the town government to abate, in 
conformity with the town (city, village) by-laws, instances of ex- 
cessive drinking, causing a public nuisance. It is a logical and 
political necessity to leave the checking of this evil to the town 
governments, because it is only very relative or personal, and 
in its nature no subject for a general state-law. 

This subject has been misunderstood at all times, otherwise we 
would not find in Plutarch the following sentence : " Those who 
carry every trifle (mere local affairs) to the highest magistrate, 
are the most dangerous enemies of their country." 

Very true, especially in republics. My partiality for this 
beautiful, natural, simple form of government, will excuse this 
long epistle. 



232 MUNICIPAL GOVERNMENT. 



LETTER VI. 

Executive. — Governor's Duties. — Legislative Committees. — Lieutennnt- 
Governor. — Eligibility. — Commander-in-Chief. — Messages. — Salary. — 
Navy. — Army. — Execution of Laws. — President of the Senate. — Re- 
prieves. — Pardon. — Impeachment. — Veto. 

The second department of the government will now occupy our 
attention. 

ARTICLE IV. 

Executive. 

" 1. The executive power shall be vested in a governor, who shall hold his 
office for two years ; a lieutenant-governor shall be chosen at the same time, 
and for the same term. 

" 2> No person, except a citizen of the United S'ates, shall be eligible to 
the office of governor ; nor shall any person be eligible to that office, who shall 
not have attained the age of thirty years, and who shall not have been five 
years next preceding his election, a resident within this state. 

" 3. The governor and lieutenant-governor shall be elected at the times and 
places of choosing members of the Assembly. The persons respectively 
having the highest number of votes for governor and lieutenant-governor, 
shall be elected ; but in case two or more shall have an equal and the highest 
number of votes for governor, or for lieutenant-governor, the two houses of 
the legislature at its next annual session, shall, forthwith, by joint ballot, 
choose one of the said persons so having an equal and the highest number 
of votes for governor, or lieutenant-governor. 

"4. The governor sh;ill be commander-in-chief of the military and naval 
forces of the state. He shall have power to convene the legislature (or the 
senate only) on extraordinary occasions. He shall communicate by message 
to the legislature at every session, the condition of the state, and recommend 
such matters to them as he shall judge expedient. He shall transact all 
necessary business with the officers of government, civil and military. He 
shall expedite all such measures as may be resolved upon by the legislature, 
and shall take care that the laws are faithfully executed. He shall, at stated 
times, receive for his services a compensation to be established by law, which 
shall neither be increased nor diminished after his election and during his 
continuance in office." 

The first three sections are plain. The fourth seems to be en- 
tirely mistaken by the governors themselves, and those who com- 



governor's duties. 233 

plain that this constitution has stripped the governor of power to 
such an extent as to discredit the office, because it manifestly 
makes, in plain words, this officer, by enjoining upon him the 
duty to take care that the laws are faithfully executed, the re- 
sponsible head of the whole state administration. Accordingly, the 
governor has the supreme control of all public offices, officers, and 
affairs, in the several political districts. This is all the constitu- 
tion can do. The duty of the official, clad with such high power, 
is now to use it energetically. This requires, of course, courage, 
a thorough knowledge of the purpose of a state institution, of the 
proper nature of the political business, to what district it belongs, 
and of the laws in general. It follows that he has to transact 
personally, or by writing, all affairs with the officials, who become 
practical subjects of this control. By pointing out this expressly, 
the constitution evidently explains the magnitude of the trust. 

This control is made with us exceedingly easy by the prevalent 
general publicity. The press keeps a constant record of all 
events. Suppose the governor has access to a reading-room con- 
taining, at least, one paper' from each county, he will be posted 
of every fact of importance, enabling him to transact the neces- 
sary controlling business. Any deviation from official duty, espe- 
cially if it should originate with the executives of counties and 
towns (cities, villages), he is obliged to examine and resent, in 
accordance with the laws. We often notice that state legislatures 
appoint committees to examine into the local affairs of towns and 
counties, as poor-houses, prisons, lodging-houses, catholic ladies' 
seminaries, police (metropolitan or not), etc. Supposing that 
these affairs are requiring a special examination, is this not, in 
extraordinary instances, a duty incumbent upon the governor, 
for which he is paid, and, indeed, an encroachment upon his exe- 
cutive power, when done by legislatures ? Legislatures, if they 
would not degrade purposely the governors to mere showmen, 
should carefully avoid such steps ; and no governor, conscious of 
his constitutional duty, to see that the laws are faithfully executed, 
should consent to such erratic legislative measures. They un- 
necessarily increase the expenses of governing and betray a bad 
spirit to unsettle the constitution. It is the duty of the legislature 
to impeach the governor, if neglecting his control duty, but not to 
step in and to do it itself for extra pay. There is an English 



234 MUNICIPAL GOVERNMENT. 

circumlocution precedent at the bottom of this objectionable com- 
mittee system. 

I do not claim arbitrary Napoleonic powers for our governors. 
No, they should only be for the state institution what a sea- 
captain is for his ship, a husbandman for his farm, a manufacturer 
for his establishment. In one word, they should take good care 
that in all parts of the state the laws are faithfully executed, 
wherefore they are expressly enjoined to transact all necessary 
business with the officers of the government, and to expedite all 
measures that may be resolved upon by the legislature, and even 
convoke the legislature expressly for this purpose. Upon this he 
is sworn in ; he is, therefore, responsible for the good administra- 
tion of the laws or working of the state institution. Therefore, he 
is also commander-in-chief of the military and naval forces of the 
state, although there are some who have doubts about the correct- 
ness of this proviso, because, according to the federal constitution, 
the president shall be the sole commander-in-chief of the army 
and navy of the United States, and <jf the militia of the several 
states, when called into the actual service. There is, indeed, no 
case imaginable for a state governor to exercise such a function, 
unless the United States are at war. Moreover, there is no such 
thing as a navy of the state of New York, or any other state. 
The Congress is bound to protect the several states against inva- 
sion and internal commotions ; the federal constitution expressly 
forbids the states to keep troops, that is, a standing army, or ships- 
of-war, in time of peace. With all these wise provisoes of the 
federal constitution, this clause of the state constitution seems to 
clash. Does not this smack of empire ? and why not ? this state 
district comprises at present as many inhabitants as the thirteen 
colonies when they declared themselves independent ! There is 
something, not exactly curious, but ominous, in such provisoes. 
There is a tendency to puff our state governments up into the 
regions of empires and majesties, while we forget to make their 
organizations complete and perfect downward in regard to the 
political detail business of home and peaceable daily life. Our 
states have no military forces at all. State citizens, although 
drilled, are not troops, soldiers, or military forces, in the proper 
sense of the word, unless mustered into service by the Congress. 
Before that time they are mere gentleman train-bands. 



MESSAGES. 235 

The fact is, that this gubernatorial control is at present entirely- 
neglected ; for I have never seen it working, while every atten- 
tive reader of a daily paper may notice frequent instances of the 
non-execution of the laws, under the very eyes of the governor. 
I admit that the overlarge size of the state of New York has 
much to answer for this defective executive surveillance ; still it 
seems as if every man, every newspaper, had more influence upon 
the execution of the laws than the governor. Lawyers and 
judges, and other officials, do as they please, and if a criminal 
escapes, private persons send their ships after him, while the 
governor sits quietly upon his throne in his mansion, looking at 
this spectacle, pocketing his salary, Without doing anything. 

A distinguished New York editor lately honored the European 
governments with the cognomen of huge impostures. Still, if the 
governor of California keeps his counsel when the state treasurer 
is a defaulter, or the common councils of different cities are 
nothing but swindling concerns, and the magistrates bargain with 
the criminals about their punishment, until the outraged citizens 
take the law into their own hands, and then come forward and make 
a great show of executive power by declaring these citizens to be 
in a state of rebellion, what appellation deserves such a govern- 
ment? In the constitution of California, art. v., sect. 7, it is 
expressly ordained : he, the governor, shall see that the laws are 
faithfully executed ! It is, therefore, not the fault of the consti- 
tution when the governor does not check the defective execution 
of the laws, but of the universally prevalent apathy and careless- 
ness in the management of this office. No constitutional prince 
can ask for more power than that of a general control and veto. 

The regular session messages of the governors, together with 
the reports of the chief administrative officers of the state, spread- 
ing information and light over the finances and operations of the 
administration, are important documents. They form an indis- 
pensable basis for legislative action, to bring a system into it and 
adapt it to the actual wants, as it can not be expected from the 
members of the legislature, especially of a large state, involved 
in extensive public works and enterprises, that they may acquire 
this information at home. If the executive suggestions, in refer- 
ence to the measures to be acted upon, would be always, without 
the least delay, and in preference of all others, promptly attended 



236 MUNICIPAL GOVERNMENT. 

to, the public would only gain by it. These suggestions could 
be easily made very available for the administration of justice if 
they would be blended with opinions of experienced judges and 
other business men. Being more ruled by the word than by law 
and its execution, the contents of such messages exercise a 
wholesome influence upon the people, even when they should be 
neglected by the legislatures, as it often happens. 

" 5. The governor shall have the power to grant reprieves, commutations, 
and pardons, after conviction, for all offences except treason and cases of 
impeachment, upon such conditions, and with such restrictions and limita- 
tions as he may think proper, subject to such regulation as may be provided 
by law, relative to the manner of applying for pardons. Upon conviction 
for treason, he shall have power to suspend the execution of the sentence,- 
until the case shall be reported to the legislature at its next meeting, when 
the legislature shall either pardon or commute the sentence, direct the exe- 
cution of tbe sentence, or grant a farther reprieve. He shall annually com- 
municate to the legislature each case of reprieve, commutation, or pardon 
granted ; stating the name of the convict, the crime of which he was con- 
victed, the sentence and its date, and the date of the commutation, pardon, 
or reprieve." 

I have spoken of the pardoning and the like powers in the first 
part ; according to all experience our governors are more prone 
to pardon than is desirable. It seems as if they are afraid of 
justice, and, therefore, always at hand if they can hinder the exe- 
cution of the laws. These should be, of course, humane, but 
strictly executed, if mobs are not to rule soon supremely among us. 

" 6. In case of the impeachment of the governor, or his removal from office, 
death, inability to discharge the powers and duties of the said office, resigna- 
tion, or absence from the state, the powers and duties of the office shall de- 
volve upon the lieutenant-governor for the residue of the term, or until the 
disability shall cea*e. But when the governor shall, with the consent of the 
legislature, be out of the state in time of war, at the head of a military force 
thereof, he shall continue commander-in-chief of all the military force of the 
state." 

If the governor should be out of the state in time of war, he 
must be so, I suppose, under the orders of the president of the 
United States. This clause may lead to misunderstandings with 
the federal executive, and should be rather expunged. 

" 7. The lieutenant-governor shall possess the same qualifications of eligi- 
bility for office as the governor. He shall be president of the senate, but 
shall have only a casting vote therein. If, during a vacancy of the office of 
governor, the lieutenant-governor shall be impeached, displaced, resign, die, 



VETO POWER. 237 

or become incapable of performing the duties of his office, or be absent from 
the state, the president of the senate shall act as governor, until the vacancy 
be rilled, or the disability shall cease. 

" 8. The lieutenant-governor shall, while acting as such, receive a compen- 
sation which shall be fixed by law, and which shall not be increased or di- 
minished during his continuance in office. 

" 9 Every bill which shall have passed the senate and assembly, shall, be- 
fore it becomes a law, be presented to the governor : if he approve, he shall 
sign it ; but if not, he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If, after such reconsideration, two 
thirds of the members present shall agree to pass the bill, it shall be sent, to- 
gether with the objections, to the other house, by which it shall likewise be 
reconsidered ; and if approved by two thirds of all the members present, it 
shall become a law, notwithstanding the objections of the governor. But in 
all such cases, the votes of both houses shall be determined by yeas and nays, 
and the names of the members voting for and against the bill shall be en- 
tered on the journal of each house respectively. If any bill shall not be re- 
turned by the governor within ten days (Sundays excepted), after it shall 
have been presented to him, the same shall be a law, in like manner as if he 
had signed it, unless the legislature shall, by their adjournment, prevent its 
return, in which case it shall not be a law." 

These three sections are plain. They are partly copied from 
the federal constitution. The approval of bills must take place 
during the time of the session. The peremptory term of ten days 
in the ninth clause is good. Such peremptory terms should be 
adopted by the Code of Civil Procedure, in all stages of a pro- 
cess, to avoid delays and the starting of new points, too often from 
mere motives of intrigue and chicanery. The veto of a law should 
have the effect to transfer the bill to the next following legislature ; 
if this should approve it by a two-third vote, it may become a 
law, for a vetoed bill, presumptively, is not required by the 
urgency of circumstances and time, but merely by a party and for 
party purposes. 

The veto power is an important part of the supreme control of 
the state institution. The state governors, after having taken the 
oath on the constitutions of the Union and State, are bound to 
prevent unconstitutional, party, and mere partisan legislation. 
What is unconstitutional legislation, each governor must make 
clear to himself before he is sworn in, because, by approving an 
unconstitutional law, he commits legal perjury. A man who is 
not able to judge about constitutionality as certain as the court of 



238 MUNICIPAL GOVERNMENT. 

appeals, should not be governor. The constitution gives him full 
power to promote the good of the commonwealth, but he must, of 
course, understand its laws. It must be a cardinal duty of the 
governor never to approve any bill, or even resolution, which in- 
terferes in the least with the constitutional national business of 
Congress. All our states, Connecticut included, have been in this 
regard great sinners, mostly owing to the incapacity of their gov- 
ernors. The powers bestowed in this article upon the executive 
require special laws to make them operative, to instill more ac- 
tivity into this officer, and terminate the present know-nothing and 
do-nothing practice, but the constitution is here well enough, the 
practice in the gubernatorial office, however, deplorable. ]&ost of 
the public corruption may be traced to the apathy, incapacity, and 
faithlessness of our state governors. Again, in this constitution 
nothing is wanting to make the governor of the state of New 
York an effective officer. And if I claim entire independence for 
the subdivisions of the state in regard to their own constitutional 
business sphere, I am far from asking for them an exemption 
from the supreme executive and state control, plainly defined in 
this article. 



LETTER VII. 

Administrative. — Secretary of State. — Comptroller. — Treasurer. — At- 
torney-General. — Election. — Salary. — English Circumlocution. — Proper 
Administrators. — American System. — Representative and Non-Repre- 
sentative Officers. — State Engineer. — Surveyor. — Canal Commissioners. 
— State-Prison Inspectors. — Land Office.- — Canal Fund. — Local In- 
spectors. 

You are now to become acquainted with the administrative af- 
fairs of the state. 

article v. 

Administrative. 

" 1 . The secretary of state, comptroller, treasurer, and attorney-general, 
shall be chosen at a general election, and hold their offices for two years. 
Each of the officers in this article named (except the speaker of the assem- 
bly), shall at stated times, during his continuance in office, receive for his 



ADMINISTRATIVE. 239 

services a compensation, which shall not be increased or diminished during 
the term for which he shall have been elected : nor shall he receive, to his 
use, any fees or perquisites of office, or other compensation." 

The first three named officials are subordinate to the governor, 
the fourth belongs to the state judiciary. But there may be differ- 
ent meanings of the word administration ; to avoid misunderstand- 
ings, I give you my idea about it. The real administrators of 
our municipal affairs are only the chief of the state, called gov- 
ernor ; the chief of the county, called, in my letters, overseer, and 
the chief of the town, called mayor, as you will remember from 
the first part. 

The clerical officials and boards, mentioned in this article, are 
all subordinate to the several governors or administrators, accord- 
ing to the nature and order of the business. I well know that 
the practice differs from what I say, that there is no head in the 
county and town administration, that the city mayors have no real 
central governing power, but this is not right. Farmers will 
think a mayor in their towns a strange novelty, because there is 
no such officer in old England ; but a sober second thought will 
convince them, that the government of three selectmen in a town, 
or of a dozen supervisors in a county, without a responsible head, 
is one of the causes that villages and cities grow up, requiring 
charters, and leading to uncontrollable and, therefore, corrupt ad- 
ministrations. In all well-organized communities there ought to 
be a responsible, leading, and directing executive, similar to the 
president in the Union. It is so in the best European states, 
whose administration is praised by our travellers. History tells 
sad stories of states ruled by several consuls or kings. I would 
not take the English municipal administration as a pattern. There 
you find little else than ft circumlocution." 

These three administrators should be the head-managers of the 
public affairs in their several districts, and should, therefore, have 
nothing to do with mere detail office-business. They might 
serve without a salary ; they have to take care that the laws and 
ordinances are well executed, the business kept in perfect order 
by the clerks, treasurers, &c, justice well administered, the 
respective property and interests of their districts faithfully re- 
presented, managed, and attended to ; in one word, to do all in 
their power to keep the political organization in those districts in 



240 MUNICIPAL GOVEENMENT. 

a healthful operation. From such a view has been the national 
public business placed under one responsible head, the president. 
I wish to be understood, that all I have said on the better organ- 
ization of the municipal business, is but abstracted from that sys- 
tem which has been initiated by the federal constitution. If the 
constitution of the state of New York is to be amended, this ar- 
ticle, and one on the local officers, will, probably, receive a differ- 
ent shape, provided the framers of a new constitution will carry 
out the "American public business system," all that I and, I am 
sure, the public desire. The subject is full of interest for all 
thinking citizens. And, happily, we have plenty of such. 

Some may object that I carry my veneration for the federal 
constitution too far, and that, while a secretary of state may be 
safely trusted to an election, this officer of the federal government 
should rather be appointed. I admit that these gentlemen have 
different business spheres, still that is not the reason why the one 
should be appointed and the other elected ; they resemble each 
other for being mere clerical functionaries and not representatives, 
and, therefore, to be carefully selected for the function. Whether 
the framers of the federal constitution acted upon these special 
grounds, or simply imitated other governments, has no influence 
upon the merits of their policy. 

This policy is a settled fact. People have submitted to it for 
almost a century, because it is similar to the business order in 
their households, factories, mercantile establishments, and other 
well-organized business concerns, and, therefore, plain to their un- 
derstanding, while the universal elective policy, adopted by this 
constitution, is a republican extravagancy. 

The political offices may be divided into two classes, viz., re- 
presentative and clerical. To the first class belong the just-men- 
tioned head-officers, and the aldermen or selectmen, supervisors, 
and members of legislature. These should be always elected. 
To the second class belong all clerks, treasurers, inspectors, col- 
lectors, surveyors, police, &c, who should all be appointed. I 
have pointed this out before, as the policy of the federal constitu- 
tion. 

After we have elected our ruling officers, we must allow them 
to appoint the officers, clerks, or assistants, needed for the business. 
We may have reason sometimes for grumbling that they did not 



STATE ENGINEER. 241 

appoint this or that party-man ; still we must, for the time being, 
submit to that rather than spoil the whole fabric, by reversing the 
natural order. And if each public district acts in this respect, 
independently, under the constitution, there never will be more 
patronage in one hand, than is unavoidably necessary. 

" 2. The state engineer and surveyor shall he chosen at a general election, 
and shall hold his office two years, but no person shall be elected to said of- 
fice who is not a practical engineer." 

"3. Three canal commissioners shall be chosen at the general election, 
which shall be held next after the adoption of this constitution, one of whom 
shall hold his office for one year, one for two years, and one for three years. 
[The commissioners of the canal fund shall meet at the capitol on the first 
Monday of January, next after such election, and determine by lot which of 
said canal commissioners shall hold his office for one year, which for two, 
and which for three years ;] and there shall be elected annually thereafter, 
one canal commissioner, who shall hold his office for three years." 

All these officers should be appointed. Canals, windmills, and 
similar works, when drawn into the sphere of political business, 
should be managed by special acts, and not by the people directly, 
otherwise they will become political party concerns of the worst 
kind. 

"4. Three inspectors of state-prison shall be elected at the general elec- 
tion, which shall be held next after the adoption of this constitution, one of 
whom shall hold his office for one year, one for two years, and one for three 
years. [The governor, secretary of state, and comptroller shall meet at the 
capitol on the first Monday of January, next suceeding such election, and 
determine by lot which of said inspectors shall hold his office for one year, 
which for two, and which for three years;] and there shall be elected annu- 
ally thereafter one inspector of state-prison, who shall hold his office for three 
years ; said inspectors shall have the charge and superintendence of the state- 
prison*, and shall appoint all the officers therein. All vacancies in the of- 
fice of such inspectors shall be filled by the governor, till the next election." 

Those officers also should be appointed. 

" 5. The lieutenant-governor, speaker of the assembly, secretary of state, 
comptroller, treasurer, attorney-general, and state engineer and surveyor, 
shall he the commissioners of the land office. 

" The lieutenant-governor, speaker of the assembly, secretary of state, 
comptroller, treasurer, and attorney-general, shall be the commissioners of the 
canal fund. 

" The canal board shall consist of the commissioners of the canal fund, 
the state engineer and surveyor, and the canal commissioners." 

" 6. The powers and duties of the respective boards, and of the several of- 

11 



242 MUNICIPAL GOVERNMENT. 

ficers in this article mentioned, shall be such as now are or hereafter may be 
prescribed by law." 

The provisoes from one to six, contain matter for special laws. 

" 7. The treasurer may be suspended from office by the governor, during 
the recess of the legislature, and until thirty days after the commencement 
of the next session of the legislature, whenever it shall appear to him that 
such treasurer has, in any particular, violated his duty. The governor shall 
appoint a competent person to discharge the duties of the office during such 
suspension of the treasurer." 

The suspending and removing power should be alike in regard 
to all officers. 

" 8. All officers for the weighing, guaging, measuring, culling, or inspecting 
any merchandise, produce, manufacture or commodity whatever, are hereby 
abolished, and no such office shall hereafter be created by laAv ; but nothing 
in this section contained shall abrogate any office created for the purpose of 
protecting the public health or the interests of the state, in its property, rev- 
enue, tolls or purchases, or of supplying the people with correct standards 
of weights and measures, or shall prevent the creation of any office for such 
purposes hereafter." 

The offices abolished by this clause are all town (city, village) 
offices, and should, therefore, depend upon town by-laws. In a 
good judicial system they are superfluous, because there all 
fraudulent dealing, which it is the aim to prevent by such officials, 
will be effectually checked by the judiciary. Honest men are not 
in need of them. George Washington's brand was considered at 
home and abroad sufficient guaranty in regard to quality and 
quantity. But if in a certain town the corruption of the people 
and remissness of the judiciary should be alarming (which can 
only happen in over-large, uncontrollable towns or cities), the bet- 
ter class of business men may insist upon the appointment of such 
officials by the magistrate, to keep up the appearance of honesty. 
Congress have appointed steam-boiler and drug inspectors. They 
seem to be also superfluous, provided the judiciary be competent 
to resent culpable carelessness of captains, engineers, importers, 
dealers in drugs, &c. It would be as wrong to appoint such local- 
trade inspectors by the state government, as it would be absurd to 
appoint judges of the court of appeals or state-prison inspectors 
by town governments. The correct distribution of the functional 
affairs of society is a main duty of our law-makers. They must 
follow their own logic and judgment and not English precedents. 



JUDICIARY. 243 

Those have, up to this time, hindered the full development of our 
simple political business-system. We must try to walk alone, 
as the federal constitution has made us stand up firmly. 



LETTER VIII. 



Judiciary. — Impenching. — Court of Appeals. -— Supreme Court. — Judi- 
cial Districts. — Salary. — Election. — Testimony. — Removing. — Vacan- 
cies. — Modes of appointing Judges. 

Your attention will now be devoted to the judiciary, the most 
important part of the state institution. 

ARTICLE VI. 

The Judiciary. 
"1. The assembly shall have the power of impeachment, by the vote of 
a majority of all the members elected. The court for the trial of impeach- 
ments shall be composed of the president of the senate, the senators, or a 
major part of them, and the judges of the court of appeals, or the major part 
of them. On the trial of an impeachment against the governor, the lieuten- 
ant-governor shall not act as a member of the court. No judicial officer shall 
exercise his office afrer he shall have been impeached, until he shall have been 
acquitted. Before the trial of an impeachment, the members of the court 
shall take an oath or affirmation, truly and impartially to try the impeachment, 
according to evidence; and no person shall be convicted, without the concur- 
rence of two thirds of the members present. Judgment in cases of impeach- 
ment shall not extend farther than to removal from office, or removal from 
office and disqualification to hold and enjoy any office of honor, trust, or profit 
under this state ; but the party impeached shall be liable to indictment and 
punishment according to law." 

This is plain. 

" 2. There shall be a court of appeals, composed of eight judges, of whom 
four shall be elected by the electors of the state, for eight years, and four se- 
lected from the class of justices of the supreme court having the shortest time 
to serve. Provision shall be made by law, for designating one of the num- 
ber elected, as chief judge, and for selecting such justices of the supreme 
court, from time to time, and for so classifying those elected, that one shall 
be elected every second year. 

"3. There shall be a supreme court having general jurisdiction in law and 
equity." 

The judiciary is, as I have observed often, the very offspring 



244 MUNICIPAL GOVERNMENT. 

and grand purpose of the state organization. "We may have 
plenty of salt springs, roads, canals, telegraphs, railroads, trades, 
churches, fireworks, illuminations, etc., without a state institution, 
but no judiciary. It is against the nature of the state to make its 
child, the judiciary, elective. It is a political monstrosity, espe- 
cially in a republic, which depends entirely upon the laws and 
their execution. 

" 4. The state shall be divided into eight judicial districts, of which the 
city of New York shall be one ; the others to be bounded by county lines, 
and to be compact and equal in population as nearly as may be. There shall 
be four justices of the supreme court in each district, and as many more in 
the district composed of the city of New York as may from time to time be 
authorized by law, but not to exceed in the whole such number in proportion 
to its population as shall be in conformity with the number of such judges in 
the residue of the state, in proportion to its population. They shall be clas- 
sified so that one of the justices of each district shall go out of office at the 
end of every two years. After the expiration of their terms under such clas- 
sification, the term of their office shall be eight years." 

Why not give the business, designated for the supreme courts, 
to the county courts ? 

" 5. The legislature shall have the same powers to alter and regulate the 
jurisdiction and proceedings in law and equity as they have heretofore pos- 
sessed." 

Is matter-of-course and superfluous. 

" 6. Provision may be made by law for designating, from time to time, one 
or more of the said justices, who is not a judge of the court of appeals, to 
preside at the general terms of the said court to be held in the several districts. 
Any three or more of the said justices, of whom one of the said justices so 
designated shall always be one, may hold such general terms. And any one 
or more of the justices may hold special terms and circuit courts, and any 
one of them may preside in courts of oyer and terminer in any county." 

The words oyer and terminer rrlean criminal court. And again, 
why not assign all important civil and criminal business to the 
county court 1 The clause, itself, belongs rather to the statute 
book. 

" 7. The judges of the court of appeals and justices of the supreme court 
shall severally receive, at stated times, for their services, a compensation to 
be established by law, which shall not be increased or diminished during their 
continuance in office. 

" 8. They shall not hold any other office or public trust. All votes for 
either of them, for any elective office (except that of justice of the supreme 
court, or judge of the court of appeals), given by the legislature or the peo- 
ple, shall be void. They shall not exercise any power of appointment to 



SUPREME COURT. 245 

public office. Any male citizen of the age of twenty-one years, of good 
moral character, and who possesses the requisite qualifications of learning 
and ability, shall be entitled to admission to practice in all the courts of this 
state. 

" 9. The classification of the justices of the supreme court ; the times and 
place of holding the terms of the court of appeals, and of the general and 
special terms of the supreme court within the several districts, and the circuit 
courts and courts of oyer and terminer within the several counties, shall be 
provided for by law." 

Is mostly special-law matter. 

"10. The testimony in equity cases shall be taken in like manner as in 
cases at law." 

Special-law and matter of course. 

" 11 . Justices of the supreme court and judges of the court of appeals may 
be removed by concurrent resolution of both houses of the legislature, if two 
thirds of the members elected to the assembly, and a majority of all the mem- 
bers elected to the senate concur therein. All judicial officers, except those 
mentioned in this section, and except justices of the peace, judges and justices 
of inferior courts not of record, may be removed by the senate, on the recom- 
mendation of the governor; but no removal shall be made by virtue of this 
section, unless the cause thereof be entered on the journals, nor unless the 
party complained of shall have been served with a copy of the complaint 
against him, and shall have had an opportunity of being heard in his defence. 
On the question of removal, the ayes and noes shall be entered on the journals- 

" 12. The judges of the court of appeals shall be elected by the electors of 
the state, and the justices of the supreme court by the electors of the several 
judicial districts, at such times as may be prescribed by law. 

" 13. In case the office of any judge of the court of appeals, or justice of 
the supreme court, shall become vacant before the expiration of the regular 
term for which he was elected, the vacancy may be filled by appointment by 
the governor, until it shall be supplied at the next general election of judges, 
when it shall be filled by election for the residue of the unexpired term." 

The clauses twelve and thirteen will fall with the present sys- 
tem. If the judges in the several districts are appointed during 
good behavior, a special law, prescribing the forms of appointing 
and removing, will be required, wherein should be a clause or- 
daining that a judge who takes the stump, as the phrase is, at 
elections, should be removed at once. The honor and impar- 
tiality of the office require such a law. 

There are two ways of making judges; one by election — of 
this I have spoken ; the other by appointment. And then we 
may appoint them for a number of years, or during good behavior, 
as it is called. The federal constitution has adopted the system 



246 MUNICIPAL GOVERNMENT. 

of appointing the judges during good behavior. This has made 
the federal judiciary honored and respected. It is the only good 
system. A judge is but a man. If he occupies his place during 
good behavior, people may be well assured that he will act his 
part faithfully, and at a reasonable compensation, too. If elected 
or appointed for a short tenure, society must be prepared for his 
making the most out of his term, by unreasonable salary, fees, and 
other means. In our states, with elective legislatures and execu- 
tives, with publicity of the court transactions, reporters, free press, 
etc., there is not the least danger that a judge, even serving for 
life, will ever assume undue power, because he has no power be- 
yond that of investigating certain cases coming under his cogni- 
zance. This system secures, moreover, impartial justice. This 
we can never expect, in the same measure, from the other modes. 
It is a strange contradiction in a simple political system like ours, 
made by the people for the people, to have two kinds of judiciaries. 
If we wish to be considered as consistent, we should not make an 
appointed judiciary in the Union and an elective one in the states. 



LETTER IX. 



County Judge. — "Webster. — Surrogate. — Local Officers. — Inferior Courts. 
— Justices of the Peace. — Clerks. — Files to be sent into the Court of 
Appeals. — Publication of Statutes. — Code of Procedure. — Tribunals 
of Conciliation. — Revising Laws. — Systems of Judiciary. 

The following clause contains useful prescriptions, which, how- 
ever, could be also partly inserted into the statute book : — 

" 14. There shall be elected in each of the counties of this state, except the 
city and county of New York, one county judge, who shall hold his office for 
four years. He shall hold the county court, and perform the duties of the 
office of surrogate. The county court shall have such jurisdiction in cases 
arising in justices' courts, and in special cases, as the legislature may pre- 
scribe, but shall have no original civil jurisdiction, except in such special 
cases. 

" The county judge, with two justices of the peace, to be designated ac- 
cording to law, may hold courts of sessions with such criminal jurisdiction as 
the legislature shall prescribe, and perform such other duties as may be re- 
quired by law. 



LOCAL OFFICERS. 247 

" The county judge shall receive an annual salary, to be fixed by the board 
of supervisors, which sh 11 be neither increased nor diminished during his 
continuance in office. The justices of tlie peace, for services in courts of 
session-, shall he paid a per diem allowance out of the county treasury. 

"In counties having a population exceeding forty thousand, the legislature 
may provide for the election of a separate officer to perform the duties of the 
office of surrogate. 

" The legislature may confer equity jurisdiction in special cases upon the 
county judge. 

" Inferior local courts, of civil and criminal jurisdiction, may be established 
by the legislature in cities; and such courts, except for the cities of New 
York and Buffalo, shall have an uniform organization and jurisdiction in 
such cities." 

Accordingly each county, New York county excepted, shall 
have but one judge. This is an excellent idea, provided this 
county con ft is well organized, of which more in the following let- 
ter. In like manner, might one justice of the peace, or town 
judge, be sufficient for all town judicial business. This seems to 
be .answering to the idea of Daniel Webster, that, to get good 
judges, we should employ them well. The present dilapidation 
of the judicial business, among a great number of special officials, 
seems not to agree with this idea. The duty of the legislature 
should then be to keep the districts in proper size. 

' 15. The legislature may, on application of the board of supervisors, pro- 
vide for the election of local officers, not to exceed two in any county, to dis- 
charge the duties of county judge and of surrogate in cases of their inability, 
or of a vacancy, and to exercise such other powers in special cases as may 
be provided by law." 

Rather belongs to a special act. But. you read again in these 
clauses, " en passant," of supervisors. They are at the head of 
the county government ; and, if this district is well organized, 
among the most important officers, in regard to the judiciary es- 
pecially, and should therefore derive their power from the con- 
stitution. 

" 16. The legislature may reorganize the judicial districts at the first ses- 
sion, after the return of every enumeration, under this constitution, in the 
manner provided for in the fourth section of this article, and at no other time ; 
and they may, at such session, increase or diminish the number of districts, 
bit such increase or diminution shall not be more than one district at any 
one time. Each district shall have four justices of the supreme court; but 
no diminution of the districts shall have the effect to remove a judge from 
office. 



248 MUNICIPAL GOVERNMENT. 

I do not believe that such districts for supreme courts are, in- 
deed, needed. 

"17. The electors of the several towns shall, at their annual town meet- 
ing, and in such manner as the legislature may direct, elect justices of the 
peace, whose term of office shall be four years. In case of an election to rill 
a vacancy occurring before the expiration of a full term, they shall hold for 
the residue of the unexpired term. Their number and classification may be 
regulated by law. Justices of the peace and judges or justices of inferior 
courts, not of record, and their clerk?, may be removed f after due notice and 
an opportunity of being heard in their defence) by such county, citv, or 
state courts as may be prescribed by law, for causes to be assigned in the 
order of removal. 

"18. All judicial officers of cities and villages, and all such judicial officers 
as may be created therein by law, shall be elected at such tim.es and in such 
manner as the legislature may direct/' 

The justices of the peace are the cause of the word "town" oc- 
curring in the constitution. The justices of the peace should be 
appointed with the greatest care, for they are in importance second 
to none. The modern police courts seem to supersede them in 
large cities. The other particulars are special-law matters. 

" 19. The clerks of the several counties of this state shall be clerks of the 
supi'eme court, with such powers and duties as shall be prescribed by law. 
A clerk for the court of appeals to be ex-officio clerk of the supreme court, 
and to keep his office at the seat of Government, shall be chosen by the elec- 
tors of the state; he shall hold his office for three years, and his compensa- 
tion shall be fixed by law and paid out of the public treasury. 

"20. No judicial officer, except justices of the peace, shall receive to his 
own use any fees or perquisites of office." 

Special-law matter. All such things vary constantly. 

"21. The legislature may authorize the judgments, decrees, and decisions 
of any local inferior court of record of original civil jurisdiction, established 
in a city, to removed for a review directly into the court of appeals." 

Special-law matter. All public papers belonging to the state, 
counties, towns, cities, and villages, whenever they are officially 
needed, must be sent without an extra authorization. 

"22. The legislature shall provide for the speedy publication of all statute 
laws, and of such judicial decisions as it may deem expedient. And all 
laws and judicial decisions shall be free for publication by any person." 

Superfluous, being a matter-of-course fact. 

"23. Tribunals of conciliation maybe established, with such powers and 
duties as may be prescribed by law ; but such tribunals shall have no power 
to render judgment to be obligatory on the parties, except they voluntarily 
submit their matters in difference and agree to abide the judgment or assent 



CODE OF PROCEDURE. 249 

thereto, in the presence of such tribunal, in such cases as shall be prescribed 
by law." 

Superfluous, for it is the very best part of the office of a justice 
of the peace to prevent litigation by promoting conciliation, and 
if there is a special law necessary in this regard, it may be enacted. 
This may even ordain that no court shall proceed with a lawsuit, 
unless the case has been before a justice of the peace to promote 
a conciliation. 

" 24. The legislature, at its first session after the. adoption of this constitu- 
tion, shall provide for the appointment of three commissioners, whose duty 
it shall be to revise, reform, simplify, and abridge the rules and practice, 
pleadings, forms, and proceedings of the courts of record of this state, and 
to report thereon to the legislature, subject to their adoption and modification 
from time to time." 

This is evidence that there is no code of procedure existing 
upon which neither courts nor lawyers may have the least influ- 
ence. We want one containing all the rules invariably to be ob- 
served by the bench and bar. The pleasure of the king and 
aula regis must cease. All stages of a law procedure should be 
prescribed in an explicit, distinct manner, that no stays, or delays, 
or prevarications can happen, except at the risk of the delaying 
party. The present procrastination policy should come to an end. 
We should never read again of conventions of judges talking 
about the rules of the new term, to suit themselves. Of this trou- 
ble they should be relieved by a code of procedure, for all terms 
to come. The English judiciary is preeminently procrastinating 
and unreliable, because it is too independent in regard to the forms 
of the legal procedures. These must be paramount for all con- 
cerned. Apropos — the system of court-terms should be abol- 
ished ; the whole year should be one term, while each cause may 
have appointed terms. As long as there is business it should be 
promptly despatched. 

"25. The legislature, at its first session after the adoption of this consti- 
tution, shall provide for the organization of the court of appeals, and for 
transferring to it the business pending in the court for the correction of errors, 
and for the allowance of writs of error and appeals to the court of appeals, 
from the judgment and decrees of the present court of chancery and supreme 
court, and of the courts that may be organized under this constitution." 

A court for the correction of errors is practically the same as a 
court of appeals. A court of chancery is set up for the despatch 

11* 



250 MUNICIPAL GOVERNMENT. 

of cases in equity. Both those obsolete institutions are abolished, 
and very wisely. Oyer and terminer, surrogate, sessions, marine, 
superior, and supreme courts, with special and general terms, 
should be abolished too. But more of this in the following letter. 

In seventeen states the judiciary is entirely elective by the peo- 
ple, as in New York, Pennsylvania, Maryland, Virginia, Florida, 
Mississippi, Louisiana, Texas, Tennessee, Kentucky, Ohio, Michi- 
gan, Indiana, Illinois, Missouri, Iowa, Wisconsin, and California. 
These states are of modern origin or have by late amendments 
adopted the elective system. In Maine, Vermont, and Alabama, 
the higher courts are appointed, and the lower elective. In eight 
states, as New Hampshire, Massachusetts, New Jersey, Delaware, 
•North Carolina, South Carolina, Georgia, and Arkansas, the judi- 
ciary is appointed by the governor, with the advice of the councils 
or legislatures, or by the legislatures, during good behavior, or for 
a certain term of years. Those constitutions which were enacted 
a short time after the revolution, have followed the system of the 
federal constitution and created good judiciaries. 

The state of New York, by making the judiciary elective, has 
set the precedent for the remaining states. Those organized since 
1S47 have followed it. Several states priorly organized have, by 
amendment, or change of constitution, adopted it ; among others, 
Maryland, of which I shall add a few remarks hereafter. 

"The maintenance of the judicial power is essential and indis- 
pensable to the very being of this government. The constitution 
without it would be no constitution ; the government no govern- 
ment. The judicial power is the protecting power of the whole 
government. For the security of the government, the judiciary 
included, it requires such an extraordinary union of discretion and 
firmness, of ability and moderation, that nothing in the country is 
too distinguished for sober sense, or too gifted with powerful talent, 
to fill the situations belonging to it." 

So spoke Daniel Webster in Congress. You will thank me for 
inserting this sentence. 



ENGLISH JUDICIARY. 251 



' LETTER X. 

Remarks on the Organization of the Judiciary in States, Counties, and Tcjwns 
in general. — English Judiciary. — Bad Legislation. — Daniel O'Connell. 

— Aula Regis. — Reform by the Federal Constitution. — District, Circuit, 
and Supreme Courts. — Municipal Judicial Business, Civil or Criminal. — 
Its Distribution among Towns, Counties, and States. — Abolition of the 
present Single Judicial Offices. — Reasons for it. — Webster. — Moses. — 
Solon. — Justinian. — Napoleon I. — Frederick II. — Joseph II. — Russell. 

— Thompson. — Brady. — Law. 

The judicial forms or proceedings, to find out what is right or 
wrong, by means of documents, witnesses, etc., are very simple 
and but little changing with the culture or moral and intellectual 
progress of mankind. Colonics generally adopt or rather main- 
tain the laws and judicial forms of the mother-country. This 
has been the case in the United States. Still the simple form of 
democratic government required many important alterations in the 
old complicated English judicial system, which is a venerable relic 
of the middle age, and at present rather a mere useless antiqua- 
rian curiosity. Its foibles have often been exposed on both sides 
of the Atlantic. The great lawyer, Daniel O'Connell, betrayed 
a very poor idea of the English law when he said that he could 
drive through any act of parliament with a coach-and-four. 
Beautiful sport for rogues ! A law-reform movement is just on 
foot in England : let us not be behind. 

A close scrutiny of the present English system of bail, inter- 
pretation, and conviction, mostly based upon the testimony of wit- 
nesses, must convince an unprejudiced mind that it is generally 
eminently in favor of villany. I am as jealous of my personal 
liberty as any person can be, but feel very nervous if this jeal- 
ousy, which every freeman should possess, is made the pretext of 
setting murderers, incendiaries, and similar dangerous criminals 
free on mere straw-bail, because a witness could not be had, or 
on similar irrelevant grounds. We owe it to this system that it 
is unsafe to appear unarmed in public, just as if there was no state 



252 MUNICIPAL GOVERNMENT. 

institution at all. There is still a difference in this regard between 
cities and country towns, bat it grows less very fast. 

The political destiny of the United States was* brought to a 
bloody crisis by bad English legislation. This lesson has obvi- 
ously improved the destiny of our neighbors, the Canadians, but 
not that of the far-off East Indians ; hence the bloody outbreak 
there, most critical for Great Britain's national career. We are 
indebted to bad legislation and execution of the laws for all our 
home troubles. The sensible reader will therefore excuse the 
outspoken manner in which I write of English law. Through it 
runs the maxim, like the red thread through the royal navy, that 
the king is all the judge and court for the whole kingdom. He, 
like his colleagues in Europe, travelled in the country in old 
times for this purpose, with some courtiers, barons, judges, etc., 
and of course he did as he pleased. Soon dukes, barons, bishops, 
etc., got slices of the royal jurisdiction ; substitutes (surrogates) 
were appointed ; and in consequence of the Magna Charta a stable 
royal court was established in Westminster Hall, called aula regis, 
that is, king's court. Later this court was divided into the courts 
of exchequer (so called from a checkered table-cloth), common 
pleas, and king's bench, to which was added the court of chancery 
and house of lords. Again there happened a split, so that the 
people got seven courts of exchequer. Following up this manner 
of patching up a judiciary, there came later, admiralty courts — 
county, sessions, ecclesiastical, coroners' courts, etc. The common 
source of this organization was the king and his pleasure. He 
of course had the original jurisdiction, that is, with full formal 
trials later prescribed by law, required by the importance of the 
cases. The court hierarchy went from the throne down to the 
people. Some of these forms we have retained with the English 
common law, but much of it has already been discarded. Still 
our courts wield much of the " pleasure " of the king. 

The most important reform in this regard produced the federal 
constitution, and the judiciary which it created, absorbing a good 
deal of the common or original English state-judicial business. This 
organic law made a great division between national and municipal 
judicial business, never before done in this manner by such, a 
law or a government, and organized for the first time a separate 
national judiciary, at once breaking up the usual British judicial 



NATIONAL JUDICIAEY. 253 

hierarchy. You will recollect that the third article of the federal 
constitution contains in a few concise words the dispositions about 
the national judiciary. The business is at present, if I am not 
mistaken, distributed among forty-eight districts, ten circuit courts, 
and one supreme court. 

From the constitution of the state of New York you have just 
learned how the judicial business remaining for the state shall be 
despatched, viz., by a court of appeals, eight supreme courts, su- 
perior courts, surrogates, county courts, justices of the peace, 
city courts, coroners, police courts, oyer and terminer courts, ma- 
rine courts, court of sessions, etc. This machinery, according to 
unmistakable symptoms, has not worked well : and why is this ? 
because our state constitution has not carried out the policy adopted 
by the framers of the federal constitution, viz : to organize the 
judiciary and set up the courts strictly according to the natural 
logical exigency of the remaining municipal judicial business, 
and not according to dogmatical or historical notions of law and 
equity cases, original and not original jurisdiction, and other old 
English customs. 

Simply considering the usual judicial business as it is, we have 
either civil or criminal cases, so that we want civil and criminal 
courts. The civil cases are more or less important. A subdivi- 
sion takes place in the criminal judicial business, now generally 
called police business. To organize this business, the common 
division of the state into towns and counties seems to answer per- 
fectly well for all practical purposes. 

The minor civil and criminal or police cases might be despatched 
in the. towns by a town judge or justice of the peace carefully 
appointed for each town. In regard to claims, the amount gene- 
rally serves as a measure, perhaps two hundred dollars. All 
trials of reconciliation also naturally belong to the town court. 

Business not belonging to the town court should be apportioned 
to the county court, with one judge, as the constitution ordains. 
All judges appointed now for single business branches should be 
abolished. The county court might serve as a court of appeals 
in regard to decisions of the town court. Besides, a state court 
will be required for appeals from the county courts, and the claims 
against the state, and on the constitutionality of laws, etc. Some 
cities will require more than one town court ; still not more than 



254 MUNICIPAL GOVERNMENT. 

one county court. Very large cities will receive exceptional at- 
tention. The diverse appointments should, as I have before inti- 
mated, originate with the town, county, and state executives and 
legislative bodies; because they either have the care for the exe- 
cution of the laws or hold the purse-strings in their hands. Such 
a simple, logical distribution of the municipal judicial business 
recommends itself to the general attention — 

First. In regard to the responsibility of the town and county, 
which, by their constitutional agents, appoint the judges. They 
being sworn in to attend to the interests of the town or county, 
will appreciate the importance of the act the more seriously because 
it does not often occur. Of such a highly desirable responsibility 
there is not the least vestige in the elective system. Town and 
county agents are amenable to law, and not to parties who control 
the elections. 

Second. In regard to the qualifications of the judges. A can- 
didate for a county or town judgeship knows that he will occupy 
the office as long as he fills it ably. He will therefore thoroughly 
prepare himself for the bench, not even shunning expensive out- 
lays for this purpose. 

Third. In regard to the business. First it will be managed 
with ability, talent, and impartiality ; second, with honesty and 
decorum. The proposed combination of the present dilapidated 
civil, criminal, and police business will keep the judges in their 
districts well employed, and therefore ripen and sharpen their 
judgment in deciding causes. Being prohibited from taking a 
share in other employments, such a judge will be wholly a judge, 
always a judge, and nothing but a judge, as Webster desired 
might be the case. 

This also applies to the state court. Of course these three 
courts should all be courts of record, and, in a word, perform all 
the business at present divided among a swarm of special judicial 
officials, producing confusion, scandalous feuds among them for 
bu>iness, and a deplorable degradation of this most honorable 
function. A good impartial judiciary is all the model republic 
we may boast of. I add that a state of the improper size of New 
York requires at least four state courts for corresponding districts ; 
while well-proportioned Connecticut requires but one. 

History teaches that only those rulers who are distinguished as 



WEBSTER MOSES — SOLON — NAPOLEON. 255 

good legislators and administrators of justice acquire lasting fame 
and celebrity. To say nothing of Moses, Solon, and Justinian, it 
is obvious that Napoleon I. has endeared himself to the better 
class of Frenchmen, not so well by his gained and lost battles, and 
imperial ambitious schemes, as by his good law-codes and an ex- 
cellent organization of the judiciary. By similar acts of true 
statesmanship before him, Frederick II., of Prussia, and Joseph 
II., of Austria, acquired the appellation of great and good princes. 
It is their work that these empires still exist and enjoy esteem 
and credit under most trying vicissitudes. I am sorry that I can 
not point out a single one of our states which excels in this regard. 
Still, in our smaller states the administration of justice is better 
than in the larger. People faithful to an inborn instinct love and 
honor justice, notwithstanding. They cheerfully erect public halls 
for her service ; they adorn them with statuary and pictures ; they 
fill them with libraries. The goddess of justice, with covered 
eyes, to prevent biasing by personalities or gold, with the balance, 
the symbol of equity and righteousness in one hand, and with the 
sword for the strong arm of the executor in the other, thrones 
upon our splendid piles and court-halls. Still, what contain the 
daily reports of the administration of justice beneath their roofs, 
by their sworn priests? Says Judge Russell in New York, in his 
address to the grand jury: "It is probable that at this term you 
will encounter some alleged offences which the law is impotent to 
reach, and others that, where the law is sufficient by reason of 
the present practice, motion upon motion and appeal upon appeal 
may be resorted to, so that the court is rendered impotent to pun- 
ish. It is the bane of our system, that while the friendless crim- 
inals almost step from the stationhouse to the state-prison, others, 
who have able counsel and friendly bail, may badger justice be- 
yond the power of the most indefatigable district-attorney, or the 
most industrious judge to prevent." Similar pithy addresses we 
often notice. I refer to one of Judge Thompson, in Baltimore, 
and of Mr. Brady, in memory of Justice Duer. 

^Ve need a revival in the direction of justice. Let us hope 
that the proposed revision of the constitution of the leading state 
will rouse the people and bring out a thorough reform of the 
judiciary. Then will Maryland and other states follow in the wake. 

" TVe may traverse sea and land on the wings of lightning ; we 



256 MUNICIPAL GOVERNMENT. 

may cover the globe with a network of railways ; our canals may 
be as the highways of the waters ; but without that silent, ger- 
minating, sustaining principle, law, all our labor, skill, energy, 
learning, and treasure, will be of little avail, except it be to keep 
up and adorn the general ruin." 

The " amici curial " may then bestir themselves. 



LETTER XI, 



Finance. — Revenues of the State Canals. — Sinking Fund. — General Fund 
Debt. — State Stock Loaned to Incorporated Companies. — Selling 
Canals. 

We now come to the finances. 

ARTICLE VII. 

Finance. 

" 1. After paying the expenses of collection, superintendence, and ordinnry 
re | airs, there shall be appropriated and set apart in each fiscal year, out of the 
revenues of the state canals, commencing on the first day of June, 1846, the 
sum of one million and three hundred thousand dollars, until the first day of 
June, 1855, and from that time, the sum of one million and seven hundred 
thousand dollars in each fiscal year, as a sinking fund, to pay the interest 
and redeem the principal of that part of the state debt called the canal debt, 
as it existed at the time aforesaid, and including three hundred thousand 
dollars then to be borrowed until the same shall be wholly paid ; and the 
principal and income of the said sinking fund shall be sacredly applied to 
that purpose. 

This article treats mostly of the income derived from the- 
canals, an object which, originally, has as little connection with 
the political organization of the society, as the fire police, the 
regulations of which filled a large chapter of the old constitution, 
and rests entirely upon special legislation, and private speculation 
of the government, which, thus far, ceases to be government, and 
steps down into the arena of private life. If a government sees 
fit to make money by building canals, manufacturing salt, snuff, 
china, etc., etc., and is not expressly forbidden to meddle with 
such business, it should lay down the rules for such things in 
special laws, just as manufacturers or railroad companies do. 



SINKING FUND. 257 

That such special laws of a legislature should be observed 
sacredly by the legislature itself, is, indeed, very desirable, and a 
matter of course. But, what shall be done with this proviso and 
the following, if the canals do not pay, a thing which happens at 
present ? 

The federal government spends immense sums annually, has 
paid up many millions of debts, keeps an army and navy at an 
expense of some twenty millions of dollars, and does this all in 
virtue of two very short paragraphs, namely, clause 18, art. I, 
seek viii., and clause 7, sect. ix. of the same article. Some such 
dispositions, inserted into this state constitution, would have an- 
swered all reasonable purposes. How shall the officers sacredly 
manage this fund if the canals bring no revenue ? They must 
borrow, or violate the constitution, of course. 

" 2. After complying with the provisions of the first section of this article, 
there shall be appropriated and set apart out of the surplus revenues of the 
state canals, in each fiscal year, commencing on the first day of June, 
1846, the sum of three hundred and fifty thousand dollars, until the time 
when a sufficient sum shall have been appropriated and set apart, under the 
said first section, to pay the interest and extinguish the entire principal of the 
canal debt ; and after that period then the sum of one million and five hun- 
dred thousand dollars in each fiscal year, as a sinking fund, to pay the inte- 
rest and redeem the principal of that part of the stale debt called the general 
fund debt, including the debt for loans of the state credit to railroad com- 
panies which have failed to pay the interest thereon, and also the contingent 
debt on state stocks loaned to incorporated companies which have hitherto 
paid the interest thereon whenever and as far as any part thereof may become 
a charge on the treasury or general fund, until the same shall be wholly paid; 
and the principal and income of the said last mentioned sinking fund shall be 
sacredly applied to the purpose aforesaid ; and if the payment of any part of 
the moneys to the said sinking fund shall at any time be deferred, by reason 
of the priority recognized in the first section of this article, the sum so defer- 
red, with quarterly interest thereon, at the then current rate, shall be paid to 
the last-mentioned sinking fund, as soon as it can be done consistently with 
the just rights of the creditors holding said canal debt. 

" 3. After paying the said expenses of superintendence and repairs of the 
canals, and the sum appropriated by the first and second sections of this arti- 
cle, there shall be paid out of the surplus revenues of the canals to the treas- 
ury of the state, on or before the thirteenth day of September, in each year, 
for the use and benefit of the general fund, such sum, not exceeding two hun- 
dred thousand dollars, as may be required to defray the necessary expenses 
of the state ; and the remainder of the revenues of the said canals shall, in 
each fiscal year, be applied, in such manner as the legislature shall direct, to 



258 MUNICIPAL GOVERNMENT. 

the completion of the Erie canal enlargement, and the Genesee Valley and 
Black River canals, until the said canals shall be completed. 

" If at an}' time after the period of eight years from the adoption of this 
constitution, the revenues of the state unappropriated by this article, shall 
not be sufficient to defray the necessary expenses of the government, with- 
out continuing or laying a direct tax, the legislature may, at its discre- 
tion, supply the deficiency, in whole or in part, from the surplus revenues of 
the canals, after complying with the provisions of the first two sections of this 
article, for paying the interest and extinguishing the principal of the canal 
and general fund debt ; but the sum thus appropriated from the surplus reve- 
nues of the canal shall not exceed annually three hundred and fifty thousand 
dollars, including the sum of two hundred thousand dollars, provided for by 
this section for the expenses of the government, until the general fund debt 
shall be extinguished, or until the Erie canal enlargement and Genesee 
Valley and Black River canals shall be completed, and after that debt shall 
be paid, or the said canals shall be completed, then the sum of six hundred 
and seventy-two thousand five hundred dollars, or so much thereof as shall 
be necessary, may be annually appropriated to defray the expenses of the 
government." 

Those provisoes belong to a statute-book. 

" 4. The claims of the state against any incorporated company to pay the 
inter-st and redeem the principal of the stock of the state loaned or advanced 
to such company, shall be fairly enforced, and not released or compromised; 
and the moneys arising from such claims shall be set apart and applied as 
part of the sinking fund provided in the second section of this article. But 
the time limited for the fulfilment of any condition of any release or compro- 
mise heretofore made or provided for, may be extended by law." 

Are officers in New York state in the habit of acting unfairly? 
The policy of loaning public money or credit to private individu- 
als is bad ; it is still worse to put such a proviso in the constitu- 
tion. 

"5. If the sinking funds, or either of them provided in this article, shall 
prove insufficient to enable the state on the credit of such fund, to procure 
the means to satisfy the claims of the creditors of the state, as they become 
payable, the legislature shall, by equitable taxes, so increase the revenues of 
the said funds as to make them, respectively, sufficient perfectly to preserve 
the public faith. Every contribution or advance to the canals, or their debt, 
from any source, other than their direct revenues shall, with quarterly in- 
terest, at the rates then current, be repaid into the treasury, for the use of the 
state, out of the canal revenues, as soon as it can be done consistently with 
the just rights of the creditors holding the said canal debts." 

All special-law business. 

" 6. The legislature shall not sell, lease, or otherwise dispose of any of the 
canals of the state ; but they shall remain the property of the state and under 
its management for ever." 



STATE CANALS. 259 

This is, indeed, a bold, grasping, disposition, barring the action of 
statesmen and people for all generations to come. There were rail- 
roads in operation when this clause was written and printed ! I 
am far from imputing to its authors any other intention than that 
to raise money to defray the government's expense with. Still 
this operation is inseparable from a peculiar party canal-policy, 
patronage, and sundry items comprised by the word public cor- 
ruption. The sooner they are sold the better. Canals have had 
their time, especially when managed by governments. In this re- 
spect also, should the federal constitution have served as a pattern. 

Arsenals are most certainly establishments closely in connection 
with the common defence, navy, etc. Still the constitution no- 
where says that the arsenals shall remain the property of the 
Union for ever, and never be sold, etc. In our time Congress 
disposed of one in Memphis, and may sell them all to-morrow, if 
not any more needed for the common defences. Or, do the people 
of the state of Xew York require canals eternally for the ends of 
municipal justice, as Congress is in need of arsenals for the navy, 
a branch of the executive power, inseparable from a national gov- 
ernment ? 

Think of such subjects earnestly, because they are a principal 
cause of the prevalent public corruption. Demagogues, however, 
will stick to the present practice of our governments, to meddle 
with private business, as long as they can, because it is lucrative 
for them, and strengthens the party ties. There is a thorough 
reform necessary. May the revision of the constitution bring it. 



260 MUNICIPAL GOVERNMENT. 



LETTER XII. 

Salt Springs. — Appropriation Laws. — State Credit. — Borrowing Money. 
— Invasion. — Debt Laws. — Voting upon. 

The following proviso is similar to that concerning canals : — 

" 7. The legislature shall never sell or dispose of the salt springs belonging 
to this state. The land contiguous thereto, and which may be necessary and 
convenient for the use of the salt springs, may be sold by authority of law, 
and under the direction of the commissioners of the land office, for the pur- 
pose of investing the moneys arising therefrom in other lands alike conven- 
ient ; but by such sale and purchase the aggregate quantity of these lands 
shall not be diminished." 

It is superfluous to tell you my opinion about this clause ; it 
belongs not to the constitution, and is a political error ; besides, 
governments are bad salt manufacturers. 

"8. No moneys shall ever be paid out of the treasury of this state, or any 
of its funds, or any of the funds under its management, except in pursuance 
of an appropriation by law; nor unless such payment be made within two 
years next after the passage of such appropriation act ; and every such law 
making a new appropriation, or continuing or reviving an appropriation, 
shall distinctly specify the sum appropriated, and the object to which it is to 
be appplied ; and it shall not be sufficient for such law to refer to any other 
law to fix such sum." 

There is no better proviso on this subject than that found in 
the Fed. Const., clause 7, sect, vii., art. I. 

" 9. The credit of the state shall not, in any manner, be given or loaned 
to, or in aid of any individual, association, or corporation." 

This is very just, and a matter-of-course, because states are no 
money brokers or bankers. 

" 10. The state may, to meet casual deficits or failures in revenues, or for 
expenses not provided for, contract debts, but such debts, direct and contin- 
gent, singly or in the aggregate, shall not, at any time, exceed one million 
of dollars; and the moneys arising from the loans creating such debts, shall 
be applied to the purpose for which they were obtained, or to repay the debt 
so contracted, and to no other purpose whatever." 

It is utterly impossible that, if our states have nothing to do 



STATE DEBTS. 261 

with speculations and improper business, they will ever be in need 
of borrowing money, for there can not happen a deficit. 

"11. In addition to the above limited power to contract debts, the state 
may contract debts to repel invasion, suppress insurrection, or defend the 
state in war; but the money arising from the contracting of such debts shall 
be applied to the purpose for which it was raised, or to repay such debts, 
and to no other purpose whatever." 

This seems to be superfluous under our fedeial constitution, 
because expenses for the mentioned events Congress has to bear. 

" 12. Except the debts specified in the tenth and eleventh sections of this 
article, no debt shall hereafter be contracted by or on behalf of. this state, un- 
less such debt shall be authorized by a law for some single work or object, to 
be distinctly specified therein, and such law shall impose and provide for the 
collection of a direct annual tax to pay, and sufficient to pay the interest on 
such debt as it falls due, and also to pay and discharge the principal of such 
debt within eighteen years from the time of the contracting thereof. 

" Xo such law shall take effect until it shall, at a general election, have 
been submitted to the people, and have received a majority of all the votes 
cast for and against it at such election. 

"On the final passage of such bill in either house of the legislature, the 
question shall be taken by ayes and noes, to be duly entered on the journals 
thereof, and shall be : ' Shall this bill pass, and ought the same to receive 
the sanction of the people V 

" The legislature may at any time, after the approval of such law by the 
people, if no debt shall have been contracted in pursuance thereof, repeal the 
same ; and may, at any time, by law, forbid the contracting of any farther 
debt or liability under such law ; but the tax imposed by such act, in pro- 
portion to the debt and liability which may have been contracted in pur- 
suance of such law, shall remain in force and be irrepealable, and be an- 
nually collected until the proceeds thereof shall have made the provision 
hereinbefore specified to pay and discharge the interest and principal of such 
debt and liability. 

" The money arising from any loan or stock creating such debt or liability 
shall be applied to the work or object specified in the act authorizing such 
debt or liability, or for the repayment of such debt or liability, and for no 
other purpose whatever. 

"Xo such law shall be submitted to be voted on within three months after 
its passage, or at any general election, when any other law or any bill or 
any amendment to the constitution shall be submitted to be voted for or 
against." 

There is no " single work or object" imaginable which a real 
good state government has to undertake besides what belongs to 
the state establishment itself. Most of the state burdens are borne 
either by Congress or the towns and counties. The whole clause 



262 MUNICIPAL GOVERNMENT. 

should not occur in the constitution, because it may induce to all 
kinds of speculations. Suppose the government would try to 
make the canals pay, by using the water-power for manufacturing 
flour, snuff, or paper, with a capital of one million, could people 
hinder it consistently under this constitution, which makes the 
government an everlasting canal and salt manufacturing concern. 
I am not sure that such speculations will not spring up from this 
article. Selling out is the best policy, if we would have New York 
salt cheap and plenty. The present is old English royalty policy 
making a beautiful show in New Caledonia. 



LETTER XIII. 

Taxes. — Voting on Debt and Tax Laws. 

The constitution ordains further : — 

" 13. Every law which imposes, continues, or revives a tax, shall distinctly 
state the tax and the object to which it is to be applied, and it shall not be 
sufficient to refer to any other law to fix such a tax or object." 

This seems to be superfluous because self-evident and ministe- 
rial. 

" 14. On the final passage in either house of the legislature, of every act 
which imposes, continues, or revives a tax, or creates a debt or charge, or 
makes, continues, or revives any appropriation, of public or trust money or 
property, or releases, discharges, or commutes any claim or demand of the 
state, the question shall be taken by yeas and noes, which shall be duly en- 
tered on the journals, and three fifths of all the members elected to either 
house shall, in all such cases, be necessary to constitute a quorum therein." 

All this is very well so far as it goes. But a definitive, abso- 
lute prohibition of applying public funds for other purposes than 
those required for the support of the state institution itself, can 
alone check abuse of state means and power. The financial af- 
fairs of an American municipal state, as it ought to be, are exceed- 
ingly simple. And of the same character ought to be the consti- 
tution itself. The less detail the better. While this young state 
constitution has been already repeatedly amended, the old federal 
constitution has stood the fiery ordeal of factions, civil commotions, 
warsj and other important changes of time, during almost a cen- 



CORPORATIONS. 263 

tury, without requiring the least alteration ! It is so good that we 
can still, a lung, a very long time, profit by it. 

Macchiavelli advises his prince to imitate a great monarch. In 
making state constitutions we will do well to imitate our federal 
constitution. No better pattern exists in the world. 



LETTER XIV. 



Corporations. — General Law. — Banking Corporations. — Suspension of 
Payment. — Registry of Bills. — Paper Money. — Insolvent Banks. — 
Boards. — Conflict of State Law<, and the Federal Constitution, respecting 
Banks of Issue. — Paper and Metallic Money. — Credit System. — Agri- 
culture. — Hunt's Merchants' Magazine. 

At the time when this constitution was made there was much 
popular excitement against incorporated companies, especially 
bank corporations. 

A corporation is, as the name indicates, an association for busi- 
ness purposes, endowed by law, with the rights of a person. A 
single person may be sued and sue, but a company or partner- 
ship, as such, can not, unless it is incorporated, or made a politi- 
cal person. Then the president alone, or with the directors, sue 
and may be sued on account of the concern and their members, 
who generally are called stockholders, and may reside where they 
please. Copartners sue and are sued upon their names. On this 
subject, and in consequence of those events, the constitution has a 
separate article, as follows : — 

ARTICLE VIII. 

Corporations. 
" 1. Corporations may be formed under general laws; but shall not be 
created by special act, except for municipal purposes, and in cases, where in 
the judgment of the legislature, the objects of the corporation can not be 
attained under general laws. All general laws and special acts passed pur- 
suant to this section, may be altered from time to time or repealed." 

This proviso is wise and good, although little regarded by the 
legislature, when lively chartering all kinds of corporations not 
belonging to the excepted class, as for turning, pure milk, hospi- 



264 MUNICIPAL GOVERNMENT. 

tals, etc. Municipal purposes means, incorporations of counties 
and towns (cities and villages). I have mentioned elsewhere that 
the constitution should contain the general provisoes about their 
organization, because such an organic law is, in fact, nothing but 
a state, county, and town charter. The expansion of industrial 
enterprise, or, in other words, large business, requiring more 
means than a single person usually commands, as the building of 
canals, railroads, etc., is the cause of this business form or formal- 
ity. It can be perfectly well arranged, with the help of the 
county courts or administration, where the business is located, re- 
serving to the state government the supervision ; for which pur- 
pose the general law on the subject should contain explicit provi- 
sions, the principal aim of which should be to prevent and check ir- 
responsible monopolies and too great centralizations by consolida- 
tions, etc. The cases mentioned in the pi-oviso where the objects 
of the corporation can not be attained under general laws, can be, 
methinks, only such, whose business is not located within the 
state, as Isthmus transit companies, and the like. But this being 
no municipal business, it is doubtful whether such concerns should 
not derive their charters elsewhere. If Rhode Island may charter 
such a company, why should not all our states have the same 
right? The restriction from the words, "and in cases," should be 
expunged, because they unsettle the intention of the main part of 
the clause. 

Governments whose financial powers are little restricted, will 
always be made use of, by influential parties, for their speculations. 
The constitution should, therefore, be drawn up with a view to 
avoid such contacts, ending in special legislation, log-rolling laws, 
lobby regimen, debts, bankruptcy, repudiation, etc. Whoever is 
against such governing must restrict the governments to the care 
of realizing justice. Formalities for legalizing associations, gen- 
eral laws should prescribe for the guidance of the courts and all 
in concern. The constitution steered that way, but stopped before 
reaching its end. 

" 2. Dues from corporations shall be secured by such individual liability 
of the corporators and other means as may be prescribed bylaw." 

Here the text refers to a special law, to which, rather, the 
whole clause belongs. 



BANKING CORPORATIONS. 265 

" 3. The term corporations, as used in this article, shall be construed to in- 
clude all associations and joint-stock companies having any of the powers or 
privileges of corporations not possessed by individuals or partnerships. And 
all corporations shall have the right to sue and shall be subject to be sued in 
all courts in like cases as natural persons." 

This is doctrinal and not constitutional. 

" 4. The legislature shall have no power to pass any act granting any spe- 
cial charter for banking purposes ; but corporations or associations may be 
formed for such purposes under general laws." 

This is perfectly right, and applicable to all kinds of corporative 
business. If well carried out, the legislatures remain free to ex- 
ercise their supervisory power without being in the least concern- 
ed or restricted by their own chartering. The legislator should 
not be complicated with mere ministerial office business. 

" 5. The legislature shall have no power to pass any law sanctioning in any 
manner, directly or indirect'}', the suspension of specie payments, by any ptr- 
son, association, or corporation, issuing bank-notes of any description." 

Perfectly right, nothing would be more unjust, because a politi- 
cal bank promises, upon the faith of the state, to pay cash for its 
bills of credit when presented. Any deviation from this constitu- 
tional policy must impair the credit of both banks and state. 
Alas ! when in 1857, the banks suspended specie payment again, 
and the governor declined to interfere, the judges of the supreme 
court stepped in, declaring that this suspension is not exactly a 
refusal to pay, or an indication of insolvency, and refused, therefore, 
to proceed against them, as requested. This was generally de- 
nounced as an assumption of undue power. The clause obviously 
wishes to place the political banks and their notes as secure as 
possible. When the judiciary declares that the refusal of the 
promised specie is of no consequence, it unsettles the constitution, 
sports with the credit system, destroys confidence, prostrates the 
business, and places the banks above the constitution and law, 
and the confiding public at their mercy. This is more than a 
dangerous precedent, it is a public calamity. If those judges 
were appointed during good behavior, they would have been, no 
doubt, removed, when thus abusing their power. The question 
remains, whether they would then have acted thus ? 

The management of our public money affairs reminds one of a 
fanner, who, having a fine breadth of land, ordered his headman 
to plant it with wheat. This done, he sent another man out to 

12 



266 MUNICIPAL GOVERNMENT. 

sow it over -with oats. When the harvest arrived the wheat was 
gone and the oats not worth anything, whereupon came the crisis 
and bankruptcy of the farmer. A little reflection should teach, 
that people who establish two antagonistic monetary systems — the' 
one in the states, the other in the Union — both in this regard the 
same thing, because commerce knows no political boundaries, act 
very inconsistently. We can not make one and the same busi- 
ness — coining money — at the same time national and municipal, 
without producing confusion and mischief. Banks, or no banks, 
make no difference. If such a hermaphrodite monetary system is 
right, then we may also have state navies, although expressly 
prohibited, like bills of credit, by chartering companies, as we 
charter banks, to build them. Good that it would be an unprofit- 
able affair, otherwise we might have plenty of commodore navies, 
with the help of ingenious interpretation. 

" 6. The legislature shall provide by law for the registry of all bills or 
notes, issued or put in circulation as mone}', and shall require ample security 
for the redemption of the same in specie." 

According to the opinion of Daniel Webster, our most dis- 
tinguished constitutional expounder, this section is against clause 1, 
sect, x., art. I., of the federal constitution, for it is the cause of a 
real state paper-money. If a bank circulates paper-money under 
its own name, it is private money, if sanctioned by the state it is 
political or public money. But no state shall circulate money, 
neither directly nor indirectly, because Congress alone has to pro- 
vide a circulating medium. This is a conflict which has been, 
on the ground of a judicial interpretation, waived by Congress 
up to this time, it must be said, to the great disadvantage of the 
nation. 

" 7. The stockholders in every corporation and joint-stock association for 
banking purposes, issuing bank notes or any kind of paper credits to circulate 
as money, after the first day of January, 1850, shall be individually respon- 
sible to the amount of their respective share or shares of stock in any such 
corporation or association, for all its debts and liabilities of every kind, con- 
tracted after the said first day of January, 1850." 

This is plain and just enough, but does not belong to a consti- 
tution. 

" 8. In case of the insolvency of any bank or banking association, the bill- 



BANKS IN GENERAL. 267 

holders thereof shall be entitled to preference in payment, over all other 
creditors of such bank or association." 

Belongs to a bankrupt law. 

By allowing banks to circulate paper-money, (about two hun- 
dred million dollars in the United States), it is done on the suppo- 
sition that the public will borrow it. Thus is created what is 
called a credit system. By this operation the industrious forces 
are artificially stimulated toward trading, speculating, and, per- 
haps, manufacturing, to the disadvantage of agriculture. Hence 
our cities grow fast in population, and the agricultural towns hardly 
any at all. Immense tracts of land in the vicinity of the greatest 
thoroughfares and most populous cities in the state of New York 
remain uncultivated. According to the census of 1850, it appears 
that Queens county, Long Island, comprises one hundred and twen- 
ty-three thousand three hundred and sixty acres of improved, and 
forty-six thousand two hundred and eighty-six of unimproved 
land, and Suffolk county one hundred and forty-three thousand 
six hundred and thirteen acres improved, and two hundred and 
ten thousand two hundred and ninety-two of unimproved land. 
This shows that a resistless force draws man from agricultural 
pursuits even in the vicinity of the best market. This force is 
the credit system, supported by banks with paper-money circula- 
tion ; because it induces man to believe that it is the panacea and 
philosopher's stone which makes him rich without labor. Such 
stimulation and intoxication, in a free society like ours, must be 
injurious to the regular course of business and business habits. 
It creates reckless industrial fillibusters, who never think of the 
golden rule of the celebrated Virginian, " pay as you go," which 
may be considered the true panacea of dull times, panics, and crisei. 

The well-known machinery of modern banks of issue, and of 
the credit system, is, in the main, the art of making money by 
debts, on state authority. Some men of property lend money to 
the state on interest; whereupon they get permission from the 
state in debt to issue as large an amount in notes as the state has 
promised to pay them, which they loan to others on interest. 
Then they take deposits, for which they pay no interest, which, 
however, they lend again on interest, always taking care that the 
borrowers get the bank-notes, while the bankers dispose of the 
metal-money in the market to all who pay the highest price for it. 



268 MUNICIPAL GOVERNMENT. 

By thus making money out of money, all depends naturally upon 
credit, that is, upon the belief of the borrower that the bankers 
are able to pay his debts to their bill-holders and depositors, and 
that of the bankers that their debtors are able to pay on demand, 
in cash. But as they seldom or never have any cash, and in the 
main only promissory notes, it is obvious that this credit is a mere 
illusion, and must terminate in panics and crises as « soon as the 
real squaring of accounts begins. 

The mechanical art which produces a fine durable paper and 
print, has supported this roundabout debt-making or credit system 
vastly. It is disgraceful in a society under a government of law, 
because this is supposed to rest mainly on morals, principles not 
discernible in this credit system. 

u Debt-money" says Hunt's Merchant's Magazine, " is an eternal 
falsehood, and the New York state-banking system the highest 
phase and refinement of the falsehood." Such money raises arti- 
ficially the prices of merchandise, bread, and labor, and lowers 
the value of gold and silver, which is then bought and exported. 
It supports the laboring masses in Europe by stimulating impor- 
tation, to the injury of our home industry. 

While this paper-money credit system easily produces on one 
hand general mercantile derangements, it renders on the other hand 
a stable financial management of the federal government almost im- 
possible. You know that the main source of the income of Congress 
is, indirect, from customs. Now who has the power to derange com- 
merce, has the power to cut off the customs and deplete the com- 
mon treasury. This explains why Congress borrows, at present, 
in time of peace, millions for the support of the common govern- 
ment, which really means 'that the whole nation has to fill up the 
gap caused by the paper-money credit-system crisis. Therefore, 
as long as the states indulge in such things, a correct estimate of 
the revenues from the customs, and of the income of the common 
treasury, is out of the question. And here you see again what an 
immense difference there is between the words national and muni- 
cipal. The monetary affairs in regard to coin, standard, and cir- 
culation are national, not municipal, as you know from the federal 
constitution, and no other than a national currency should cir- 
culate. 

The financial events of 1857, nothing but revivals of prior 



CREDIT SYSTEM. 269 

commercial revulsions tracing their origin to England, prove again 
that the framers of the federal constitution understood their task 
and the true principles of political economy better than their suc- 
cessors, by abstracting from all so-called credit systems and financial 
commercial experiments, and placing upon the solid basis of liberty 
and justice, the national industry, commerce included. It is mere 
infatuation to believe for a single minute that the material progress 
of our nation rests upon another or better basis. Those who 
substitute state-bank paper-money do all in their power to coun- 
teract the effect of the federal constitution and the blessings of 
our Union at home and abroad. American investments would be 
eagerly sought for by intelligent people in all parts of the world, 
if we had never seen a single dollar of debt-money ; for there 
would be no nation, no state, surpassing ours in solid credit. The 
state paper-credit system is the greatest enemy of the true pro- 
gress and substantial wealth and welfare of this nation. It is 
nonsense to believe that there can be wealth represented by money 
without labor and industry. Whether industrious people have 
mines or not, makes no difference ; they will always attract and 
command so much wealth, represented by money, as their industry 
is really worth, and enjoy a world-wide firm credit ; while on the 
other hand mountains full of gold and silver and Wall-streets full of 
paper money can not prevent a lazy, indolent, and unpractical peo- 
ple like the Mexicans from sinking into utter ruin and insignificance. 
As some of the states have already fairly, as in duty bound, 
adopted the policy of the federal constitution 'and prohibited the 
circulation of bills of credit of state bank-paper money, to their 
great benefit and honor, it is to be hoped that soon, very soon, the 
rest will follow and carry out their own supreme law of the land. 
There is no better credit system in the world, and never will be, 
than that which is the product of industrial liberty and justice; 
and this, as I have repeatedly said, has given us this great funda- 
mental law, the patent of our nationality. It has, in this regard, 
been misunderstood by the judiciary, supporting as it is by a weak 
amaurotic interpretation or quibble, the state bank-paper money. 
I write this without the least intention to reflect upon the private 
business of banking. The fault is not with the banks and bank- 
ers, but the politicians, desiring to be teachers of the law, ;; un- 
derstanding neither what they say nor whereof they affirm." 



270 MUNICIPAL GOVERNMENT. 



LETTER XV. 

Cities. — Villages. — History. — Superceded by a Judicious Organization of 
Towns and Counties. — Saving of Taxes. 

Let us read on. 

" 9. It shall be tbe duty of the legislature to provide for the organization 
of cities and incorporated villages, and to restrict their power of taxation, as- 
sessment, borrowing money, contracting debts, and loaning their credit, so as 
to prevent abuses in assessments and in contracting debt by such municipal 
corporations." 

Behind those eight sections on banks, you find this short provi- 
so concerning the organization of cities and villages — -mere anom- 
alies — but to the organization of the counties and towns this very 
verbose and explicit constitution has not devoted two entire lines; 
just as if banks and similar corporations w r ere more important 
in political regard, than those political districts in which the pub- 
lic business mostly is performed. 

Mutual protection and chance of business induced men, in an- 
cient times, to crowd together in favorable localities. Business is 
still the mother of cities and villages, but civilization does not re- 
quire it more for protection. "We have no more roving and rob- 
bing tribes and barons, the cause which induced people and gov- 
ernment to crowd in cities together and make them secure by for-- 
tifications. Our policy at present should be to facilitate not at all 
by law the formation of cities and villages, because the latter are 
but small cities, and the first invariably centers of mischief and 
mobs, and not always homes of good sciences, wholesome arts, 
and exemplary morals, and therefore difficult to manage. Civili- 
zation is now not local but universal ; a free press and liberty of 
industry in general have set up in every house a college, in every 
town a Paris, and promoted in every county as much culture as 
formerly were the boast of capitals, metropolises, and empires. 
Even business ceases to be building up cities at present, because 
railroads and steamers facilitate a separation of residence and 
office in many instances. 



CONSOLIDATION. 271 

When influential speculators and their newspapers insist upon 
the consolidation of cities, as, Boston, and Charlestown, and Rox- 
bury ; or New York and Brooklyn ; or Troy and Lansingburgh ; 
and achieve them, as in the case of Brooklyn and Williamsburgh, 
Philadelphia, etc., they mistake politics and the best interests of 
society entirely. The legislatures which support and sanction 
such consolidations purposely demoralize society by increasing ar- 
tificially, the difficulty of ruling it. 

This clause has not exercised any good influence upon the ad- 
ministration of the cities. They are all in difficulties in regard to 
finances, safety, and order. The defective administration of New 
York city requires sixteen millions of dollars, all told, while the 
expenses of the well-governed kingdom of Saxony amounts to only 
seven millions. But this state of things prevails not alone in New 
York. Providence, in Rhode Island, with forty thousand inhab- 
itants, increasing in eight years about ten per cent, had, during 
this time, an increase of expenses at the rate of three hundred 
per cent, and of debts more than four hundred per cent. For the 
last two years the excess of expenditures over tax assessed is 
$518,000. It is obvious, then, that the reform of such evils must 
begin with the business and business districts. The axiom of one 
of the best statesman of our age, Jefferson, viz., " that govern- 
ment is the best which governs least."' is only applicable to a soci- 
ety whose business districts are of the right size. As those over- 
grow, the government's business, expenses, taxes, debts, and diffi- 
culties will increase proportionately, notwithstanding all constitu- 
tions and axioms of the best men to the contrary. Still this clause 
is laudable because it has been dictated by a sense of economy. 
The current practice, however, differs from it. 

People therefore, when called upon to vote upon consolidations 
of towns or cities, which are not decreasing in population, should 
invariably vote against it. 



272 MUNICIPAL GOVERNMENT. 



LETTER XVI. 

Education. — Funds. — Instruction. — Communes. — Girard. — Peabody. — 
Cooper. — Popular Education. — Popular Sovereignty. 

You may be, perhaps, surprised by the head of the following 
article, because education proper is a strange subject for a consti- 
tution. But let us see. 

ARTICLE IX. 

Education. 

"1. The capital of the common school fund, the capital of the literature 
fund, and the capital of the U. S. deposit fund shall be respectively preserved 
inviolate. The revenue of the said common school fund shall be applied 
to the support of common schools ; the revenues of the said literature fund 
shall be applied to the support of academies, and the sum of $25,000 of the 
revenues of the U. S. deposit fund shall each year be appropriated to and 
make a part of the capital of the said common school fund." 

Why this article is headed " education," instead of, perhaps, 
"financial," I can not say. The funds in question have been 
formed by special laws, which, of course, should never be vio- 
lated by the legislature, as I remark again, and are to be man- 
aged accordingly. Is it sound doctrine to have such funds in our 
country % The schooling or instruction of the young is not a po- 
litical, but a simple domestic family affair, either taken care of by 
nurses, mothers, fathers, guardians, or by others engaged or ap- 
pointed by them. Town-districts, often also called communes, 
have been, all over the world, since time immemorial, made use 
of for the organization of schools ; and those, therefore, placed 
under the surveillance of the town officials, just as everything 
else of a little common interest, viz., streets, fences, brooks, rivers, 
commons, pastures, sidewalks, taverns, hotels, etc., and ruled by 
town resolves, by-laws, customs, etc. Church organizations often 
helped, also, to foster schools, but the state institution, proper had 
nothing to clo with it. Thus the money for schooling went di- 
rectly from the pockets of the parents into those of the teachers. 



COMMON SCHOOLS. 273 

Such schools were called commune or' common, or town or public 
schools. These schools can be made very good, without the least 
interference of the legislature, provided that there are well-or- 
ganized towns. Of course, the money constituting these funds 
comes from the people, where, if left, it would produce hundred- 
fold interest ; while, as permanent funds in the hands of state of- 
ficials, who, according to the constitution, seem to be not always 
trustworthy, for, otherwise, this law would not so often speak, 
about good faith, or violation of trust, they £an not bring more 
than seven per cent., but never will bring that. Excuse me if I 
write about such things. I would not do it, if such funds gave 
no chance for corruption, according to the daily reports. It is 
natural that all business of this kind, as schools, sciences, litera- 
ture, arts, etc., if connected with the state, must partake of the 
predominant political character of the party in power. In a mon- 
archy, all these things will be tinged with the policy of the court ; 
in a republic, every party in power will try to gain influence upon 
them. Whoever is paid by the state is a state official, and must 
accordingly rule himself. History proves that, in spite of the Bible 
and everything sacred about our religion, the clergy depending 
upon the state are grasping at undue power, and we have, there- 
fore dissolved this connexion. Still we make now the teachers 
state officials. Are they and clergymen not of the same human 
kind ? In Europe, with a very few exceptions, sciences and arts 
are under political surveillance. Professors, savans, and writers 
are, especially when in the pay of the governments, so closely 
guarded that their products bear the stamp of political partiality, 
more or less. We should, therefore, never pay much attention to 
their school, university, and similar expedients to raise subservient 
scholars. To speak in sober earnest of education proper, as a 
political affair intrusted to politicians, is too curious a thing to 
dwell upon. There is no better board of education than the 
family. But the poor ! the poor ! Well, our present common 
school system, created by state laws, is positively not calculated 
to benefit the real poor people, but that class generally well able 
to pay teachers. 

The city of New York pays more than one million dollars 
for common schools, normal schools, a free academy, etc., and, 
in 1857, there were 60,000 children not attending any school at 

12* 



274 MUNICIPAL GOVERNMENT. 

all, and of those in the 18th ward alone 2,631, among them 1,340 
born Americans. For these children charitable ladies have estab- 
lished schools. The same happens in all towns. The present ar- 
tificial, expensive system does not work better than the cheap, 
natural management carried out by families. The public morals 
now are rather worse than they were in the period before the 
system was adopted. It, too, interferes with charity arid generous 
liberality. There are a great number of wealthy men among us 
who seem not to know how to spend their money ; or, when ar- 
rived at the goal, how to dispose of their earthly treasure. As 
charity helps the poor children, so would wealthy men, if not in- 
terfered with by the state, help the schools in general. The lib- 
eral acts of Grirard, Peabody, Cooper, and so many others, are 
proofs of what I am going to say. Also, in this regard, emula- 
tion and competition are powerfully at work. Education is the 
work of families. What errors are committed in families, no 
school will easily eradicate, no science remedy. Too often rather 
is a son, well educated by a mother, spoiled in public institutions ! 
Neither schools nor sciences mould the character of men. . I think 
that this article is superfluous in a constitution. 

The inventive genius of our politicians enriches, from time to 
time, our language with new phrases, which serve them in their 
party warfare as weapons. What all the world, besides ourselves, 
has called common schools or prublic instruction, that they call now 
" popular education." I admit that people have a right to mould 
their own language, that words become sometimes uncurrent, and 
that the general use decides upon their value. Still, if phrases 
are manufactured for party purposes, the opponents must enjoy 
the privilege to examine them. I deny that there exists such a 
thing as popular education, in the proper sense of these words. 
If we have to attribute to families, and especially to the mothers, 
the care of the education of the young, then each family, each 
mother will and ought to pursue their own peculiar course or sys- 
tem ; a fact which at once excludes the idea of a popular educa- 
tion — that is, an education of the whole people, by the families, 
according to uniform laws. This is, no doubt, an absurdity. But, 
if this phrase is tantamount to public or common instruction, then 
our "legislatures, by meddling with it, plainly interfere, as they, 
alas ! so often do, with the very old and good right of towns or 



POPULAR SOVEREIGNTY. 275 

communes, to make the needful arrangements for the instruction 
of children as they please. It is repugnant to the principle of 
self-government, that a government in free society should be bound 
to provide funds for common town-schools, or make laws for their 
organization, school-books, etc. If the teachers and freemen in 
the towns are not able to do this without state interference, the 
sooner the republican form of government is abandoned the bet- 
ter. Says a teacher of one of the public schools in New York, 
Mr. Stewart, in a public meeting of teachers : " Our present 
school-system was admirable at the time it started, but it is now 
the contrary. It was based on a pauper system of education (in- 
struction), which is not in any way adapted to the present day. 
Our present school-system is miserably detrimental in its effects 
upon the mental, moral, and physiccd qucdijications of the youth 
of our city. Now. at the present time, the school system costs 
the people of New York considerably over $1,000,000 annually, 
and it is likely, before long, to cost $1,500,000, or even more." 
These results are the fruits of state-meddling with town (city, 
village) business. 

Being engaged in discussing political cant-phrases, I add here 
a few words on that of " popular sovereignty" or " squatter sov- 
ereignty," taking, for the sake of convenience, the words popular 
and squatter for synonyms. I also say, that there exists no such a 
thing as popular sovereignty in the United States, because it im- 
plies direct legislation by the people, as in the beginning of Mary- 
land or ancient Greece, but not in vogue at present. People may 
be independent and free, but, on this account, are not sovereigns 
iir-the proper sense of the word, because they are not legislators. 
The act of voting or electing is not a result of sovereignty, but of 
organized civil liberty. There is no nation in the world, the Rus- 
sians and Turks included, without possessing more or less of this 
liberty, and, consequently, without some voting or electing. They 
elect not always their governments, as kings, etc.. but these rule 
notwithstanding, with the tacit or presumptive general consent of 
the people, for, otherwise, they would not be able to maintain 
themselves at all. In this connection, you will remember that 
sovereigns, that is those that represent and legislate for society, 
are either born or elected; the first happens in monarchies, the 
latter in republics ; but in constitutional monarchies, also, the 



276 MUNICIPAL GOVERNMENT. 

legislatures are, for the most part, elected, and that all those offi- 
cers who execute the laws of the state and act in its name, as 
judges, clerks, military, etc., are appointed. I try to be as plain 
and explicit as possible in this regard, because there are confused 
ideas afloat about these things, which, if they enter party disputes 
and constitutions, cause much mischief. Those who make the 
judiciary and other administrative officials elective labor under 
such ideas. 



LETTER XVII. 



Local Officers. — Sheriffs' Clerks. — County, City, Town, and Village Offi- 
cers. — Their Election. — Vacancies. — Political Year. — Removal. — 
Vacant Offices. — Metropolitan Police Law. 

The following article, akin of the seventh, seems to contradict, 
in some measure, what I have said before about the little care be- 
stowed upon the organization of counties and towns by the consti- 
tution ; but let us see. 

ARTICLE X. 

Local Officers. 

"1. Sheriffs, clerks of counties, including the register and clerk of the 
city and county of New York, coroners and district attorneys, shall be chosen 
by the electors of the respective counties, once in every three years, and as 
often as vacancies shall happen. Sheriffs shall hold no other office, and be 
ineligible for the next three years after the termination of their offices. They 
may be required, by law, to renew their security, from time to time ; and in 
default of giving such new security, their offices shall be deemed vacant 
But the county shall never be made responsible for the acts of the sheriff. 

" The governor may remove any officer, in this section mentioned, within 
the term for which he shall have been elected ; giving to such officer a copy 
of the charges against him, and an opportunity of being heard in his defence." 

Here we make the acquaintance of a number of subaltern clerks 
or officials, originally to be appointed by the courts or boards to 
whom they belong, or by the respective executive and legislative 
bodies. The sheriff is the judicial county executive, and should 
be appointed like the county judiciary. You may compare with 
it the last sentence in art. II., sect, ii., clause 2, of the federal 



LOCAL OFFICERS. 277 

constitution. Something like that would also answer for a state 
constitution. 

Who are at present the electors? — the citizens who are called 
so? Not exactly; for, according to the usual party management 
of elections, the party nominating committees or conventions, 
which present the candidates to the electors, are the real ap- 
pointers of the functionaries; and the voting of the electors itself 
a mere matter of form or ratification. These committees, of 
course, have their own policies and interests. The more offices 
there are in the market, the more importance acquire these com- 
mittees, and, of course, the more bargains will occur. This invaria- 
bly must terminate in utter corruption. If we now throw out of 
the elections all clerical offices, as I have suggested repeatedly, a 
great source of public corruption will be dried up at once, the po- 
litical machinery simplified, and the pernicious influence of par- 
ties checked. We can not be without parties, but should not pur- 
posely educate bad parties. This we do by the present elective 
system. 

It seems to be against justice to exempt the counties from re- 
sponsibily for the acts of their officials. Who else shall be re- 
sponsible ? The subalterns or clerks should be amenable or re- 
sponsible to those who appoint them. The sheriff should be re- 
sponsible to the county overseer and supervisors, who should ap- 
point them. If those authorities should neglect their duty, then 
comes the turn of the governor to see that the laws are executed. 

"2. All county officers, whose election or appointment is not provided for 
by this constitution, shall be elected by the electors of the respective counties, 
or appointed by the boards of supervisors, or other county authorities, as the 
legislature shall direct. All city, town, and village officers, whose election 
or appointment is not provided for by this constitution, shall be elected by 
the electors of such cities, towns, and villages, or of some division thereof, or 
appointed by such authorities thereof as the legislature shall designate for 
that purpose. All officers, whose election or appointment is not provided for 
by this constitution, and all officers whose offices may hereafter be created 
by law, shall be elected by the people, or appointed as the legislature may 
direct." 

This seems to be a pretty exclusive proviso, but is vague withal. 
If the constitution contains the necessary provisoes for the or- 
ganization and government of counties and towns (cities and vil- 
lages), and gives them the appointment of the subaltern clerks, 



278 MUNICIPAL GOVERNMENT. 

all will be clear, and such disputes as that about the right of the 
legislature to establish a new state police-district for four counties 
can not happen. The police business is and ever will be local, 
and, of course, belonging to towns. No state, no county, ever can 
be in need of a policeman or constable if there are towns organ- 
ized (cities and villages). If a constitution ordains that the 
towns (cities, villages) shall elect and appoint their town officials, 
policemen included, it ordains implicitly that nobody else shall 
do it, neither the county nor state, or an arbitrary paper district of 
two, three, or four counties. If constitutions are not, by the com- 
petent courts, interpreted in this manner, they are positively not 
to be depended on. 

The constitution ordains that there shall be a court of appeals. 
Well, if now a legislature, in favor of two or*a dozen such courts, 
should create them, because the constitution did not express^ for- 
bid the establishing of more than one, all would at once cry out 
that this was a wicked quibble — a false interpretation; still the 
metropolitan police law rests upon no better ground. It is a bold 
encroachment upon this proviso. Washington utters pithy words 
on such acts in his Farewell Address. 

" 3. When the duration of any office is not provided by this constitution, 
it may be declared by law, and if not so declared; such office shall be held 
during the pleasure of the authority making the appointment. 

"4. The time of electing all officers named in this article shall be pre- 
scribed by law." 

Tli is is matter of course. A similar proviso like that in sect. iv. 
is contained in sect, xviii., art. VI. 

" 5. The legislature shall provide for filling vacancies in office, and in case 
of elective officers, no person appointed to fill a vacancy shall hold his office 
by virtue of such appointment longer than the commencement of the politi- 
cal year next succeeding the first annual election after the happening of the 
vacancy. 

" 6. The political year and legislative term shall begin on the first day of 
January, and the legislature shall assemble on the first Tuesday in January, 
unless a different day may be appointed by law. 

"7. Provision shall be made by law for the removal for misconduct or 
malversation in office of all officers (except judicial) whose powers and duties 
are not local and legislative, and who shall be elected at general elections, 
and also for supplying vacancies created by such removals. 

" 8. The legislature may declare the cases in which any office shall be 
deemed vacant, where no provision is made for that purpose in this con- 
stitution." 



MILITIA. 279 

All these provisoes do not deserve exactly a place in a consti- 
tution. It may suit a later legislature better to begin the politi- 
cal year a couple of weeks before the session, in order to get the 
message and reports complete in season. ' 

All these details are objects of special legislation or routine. 

The head of this article should have taught caution and dis- 
cretion to the framers of the constitution and the originators of 
the metropolitan police law ; and this case, in particular, should 
teach how much depends upon a well-informed and honest ju- 
diciary in a republic. 



LETTER XVIII. 



Militia. — Religions Denominations. — Higher Law. — Appointment of offi- 
cers. — Major-Generals. — Commissary-General. — Commission. 

The god Mars rules not only in Europe supremely, but also 
in the state of Xew York. 

ARTICLE XI. 

MUtia. 

" 1. The militia of this state shall at all times hereafter, he armed and dis- 
ciplined, and in readiness for service; but all such inhabitants of this state, 
of any religious denomination whatever, as from scruples of conscience may 
be averse to bearing arms, shall be excused therefrom, upon such condition 
as may be prescribed by law." 

Compare this article and its six clauses with the few simple lines 
in the federal constitution, concerning the army and navy and 
common defense of the United States, and you will judge for 
yourself that most of it does not belong to the constitution, but in 
a statute book or one of mere regulations. A simple constitution- 
al proviso, that the militia of the state of Xew York shall be or- 
ganized in conformity with the laws of Congress, would be sufficient 
for all practical purposes. Also the scruples mentioned here should 
never be made manifest in a constitution. It reflects upon sects 
and has a smack of higher law reveries and their approval, which 
is entirely wrong. 

"2. Militia officers shall be chosen or appointed as follows : captains, subal- 
terns, and non-commissioned officers shall be chosen by the written votes of 



280 MUNICIPAL GOVERNMENT. 

members of their respective companies. Field officers of regiments and sep- 
arate battalions, by the written votes of the commissioned officers of the re- 
spective regiments and separate battalions ; brigadier-generals and brigadier-in- 
spectors by the field officers of their respective brigades ; major-generals, 
brigadier-generals, and commanding officers of regiments or separate battal- 
ions, shall appoint the staff officers to their respective divisions, brigades, reg- 
iments, or separate battalions." 

From time to time different modes of appointment may be re- 
quired. But — I ask — why not entrust the election of field offi- 
cers to the common militiamen, if the same men, as citizen, may 
be intrusted with the election of county judges, supreme judges, 
members of court of appeals, comptrollers, engineers, governors, 
etc. ? Is not a judge of the supreme court, as it is at present or- 
ganized, a much more important and responsible officer, than a 
harmless, however martial, major of the militia? 

"3. The governor shall nominate, and with the consent of the senate, ap- 
point all major-generals, and the commissary-general. The adjutant-general 
and other chiefs of staff departments ; and the aides-de-camp of the com- 
mander-in-chief shall be appointed by the governor, and their commissions 
shall expire with the time for which the governor shall have been elected. 
The commissary-general shall hold his office for two years. He shall give 
security for the faithful execution of the duties of his office, in such manner 
and amount as shall be prescribed by law. 

This proviso is a very sensible one, because it gives to the gov- 
ernor the appointment of all major-generals, and the powerful 
commissary-general too. Would it not now be equally sensible, 
and indeed wise, to let him also appoint all real state officers, viz., 
those of the court of appeals, and supreme courts, provided the 
latter are needed? The citizen and militiamen are clubbing and 
become well acquainted with each other. They may therefore 
presumptively elect their drill-masters and commanders judicious- 
ly enough, and better at present than at the revolutionary war, 
when Washington complained that they did not always elect gen- 
tlemen. But if not trustworthy in this instance, why allow them 
to elect the highest state judges and other officials ? Is there not 
a good deal of inconsistency and lack of principle in such legis- 
lation ? 

"4. The legislature shall, by law, direct the time and manner of electing 
militia officers, and of certifying their election to the governor." 

Superfluous, because matter-of-course. 

"5. The commissioned officers of the militia shall be commissioned by the 



OATHS. 281 

governor ; and no commissioned officer shall be removed from office, unless 
by the senate on the recommendation of the governor, stating the grounds 
on which such removal is recommended, or by the decision of a court-martial, 
pursuant to law. The present officers of the militia shall hold their commis- 
sions subject to removal as before provided." 

A curious proviso, separating the appointing and removing 
power there where strict subordination is the first requisite to 
make the institution effective. Much more regard is paid to the 
militia than to the judiciary. 

"6. In case the mode of election and appointment of militia officers hereby 
directed, shall not be found conducive to the improvement of the militia, the 
legislature may abolish the same and provide by law for their appointment 
and removal, if two thirds of the members present in each house shall con- 
cur therein." 

This proves that the whole article is superfluous. But it is sig- 
nificant in regard to principles. 



LETTER XIX. 



Oaths. — Test. — Abuse of Oaths. — Literal Interpretation. — Scandal in 

Courts. 

TTe come now to some formalities. 

ARTICLE XII. 

Oaths. 

"Members of the legislature, and all officers, executive and judicial, ex- 
cept such inferior officers as may be by law exempted, shall, before they enter 
on the duties of their respective offices, take and subscribe the following oath 
or affirmation : — 

" ' I do solemnly swear (or affirm, as the case may be), that I will support 
the constitution of the United States, and the constitution of the state of 
New York, and that I will faithfully discharge the duties of according 

to the best of my ability/ 

" And no other oath, declaration, or test, shall be required as a qualifica- 
tion for any office or public trust." 

This is in conformity with the federal constitution, and very 
well that the state officials shall be bound to support this constitu- 
tion ; but I think the improvement elsewhere proposed upon the 
preamble of this constitution, will, notwithstanding, find favor 
with the people at large; because it places the intimate connec- 
tion between the states created by the federal constitution in the 



282 MUNICIPAL GOVERNMENT. 

true light. We all love our homes and their constitutional rights 
and order, but appreciate not less on this account our confedera- 
tion and its priceless blessings. That improvement binds the 
whole state, and not some officials only. The last sentence is not 
so clear as that in the third section of the third article of the 
federal constitution. Before the word "test" should be found 
the word " religious." That " no religious test shall ever be re- 
quired as a qualification to any office or public trust under the 
United States," in consequence of which all our state constitutions 
have abolished this test, should have had a radical reforming in- 
fluence Upon the peculiar custom of the English law, which 
requires a special oath in almost all transactions before the court. 
The plaintiff complains upon oath, the defendant answers upon 
oath, and denies, in most cases, upon no other ground than the 
hope that the plaintiff may not be able to prove the claim, thus 
committing perjury. We should have been induced by this pre- 
cedent of the federal constitution to reform this universally- con- 
demned and most immoral feature of the English law-code at 
once : not so Great Britain, where the religious test is still lawful. 
Let it be understood that transactions before a court are self-evi- 
dent. A court sits to elicit the truth in a civil or criminal case, 
in the name of the state. Whatever the parties called in court 
affirm or deny, is affirmed or denied before the government repre- 
sented by the court. The papers delivered by the parties, the 
records of the court, containing the substance of the transactions, 
are official public documents and property, and, in virtue of the 
state authority of the court, perfectly conclusive by themselves. 
The common custom of asking from a plaintiff an oath about his 
libel, and one from the defendant about his answer, etc., presup- 
poses that the sitting of the court is not authoritative or official. 

As matters are with us, a judge who sits without a religious 
test, has no right to inquire into the religious tenets of parties or 
witnesses. A man must be believed in court until the reverse of 
what he does or says is proved. Should he commit a falsehood, 
he acts as criminally as if he had acted upon oath ; because, by 
doing so, he violates the truth, the authority of the court, and the 
state government, which is set up for the purpose of realizing 
truth and justice. A falsehood committed in court is a kind of 
treasonable act against the state. 



LAW INTERPRETATION. 283 

There are more immoral or irrational features in the English 
jurisprudence, with which it is high time to dispense. One is the 
prevalent literal interpretation of the law, without a due regard 
to the rational interpretation, which alone deserves the name of 
interpretation. The word signifies nothing without regard to its 
spirit. Suppose the law should dispose that Congress shall meet 
at the capitol in Washington, on the first Monday of December, 
and it should happen that the capitol was destroyed by fire before 
this time, then, according to the literal interpretation in vogue, 
Congress could not meet at all, there being no capitol ; but ac- 
cording to rational interpretation, the meeting of Congress would 
be considered as the principal object, the house or place of assem- 
blage as secondary, and therefore no obstruction happen, pro- 
vided a place of meeting was anywhere left for Congress. An- 
other example, founded upon facts. The law ordains that the 
electors of the President shall meet on a certain day at the state 
capitals to cast their votes. The electors of the state of Wiscon- 
sin, as has been stated, were, in 1856, detained by a violent snow- 
storm, and did not reach their place of convention on that day ; 
wherefore the vote of that state was considered lost, according to 
the literal interpretation, while, according to the rational under- 
standing of the law, the casting of the'vote, as the principal business, 
should have proceeded as soon as those electors could surmount 
the natural obstacles, which was'alone necessary to prove or cer- 
tify at the place of meeting, to make the casting of their votes 
one or two days after the snow-storm and appointed date perfectly 
legal ; and thus the order and legality of the whole presidential 
vote would have been saved, while, by the literal interpretation, 
quite the reverse result might have taken place. Suppose the 
snow-storm should have visited Pennsylvania, then Mr. Fremont, 
with the help of a political snow-storm, would have carried the 
election. Such curiosities may be, and are in fact daily the result 
of literal interpretation, which, when applied to criminal law, is, 
in many instances, the shield of evident criminality and the pro- 
lific source of savage mobism, roguery, and corruption. This is 
repugnant to common sense and morality, too. 

I mention further that trials of scandalous and obscene cases 
should not be public, to prevent the courts becoming the adverti- 
sers and publishers of scandalous, immoral reports, which, to cir- 



284 MUNICIPAL GOVERNMENT. 

culate in book-form, is prohibited by special law. You will excuse 
these remarks here, but they spring up by the association of ideas. 
Laws should be strictly logical, common-sense, and moral. Sound 
public opinion, and absence of licentiousness in the press, will be. 
the result. Thus a good state constitution may have a great in- 
fluence upon the promotion of morals, and even good taste in 
general ; more, perhaps, than science and art combined. 



LETTER XX 



Amendments. — Miscellaneous. — Election Results in Regard to Migration. — 
Governor Hammond's Speech. — Bound and Free Labor. — Vox Populi 
— Franklin. 

We have arrived at the end of the constitution. 

ARTICLE XIII. 

Amendments. 

" 1. Any amendment or amendments to this constitution may be proposed 
in the senate and assembly; and if the same shall be agreed to by a majority 
of the members elected to each of the two houses, such proposed amendment 
or amendments shall be entered on their journals with the yeas and nays taken 
thereon, and referred to the legislature to be chosen at the next general elec- 
tion of senators, and shall be published; for three months previous to the time 
of making such choice, and if in the legislature so next chosen, as aforesaid, 
such proposed amendment or amendments shall be agreed to by a majority 
of all the members elected to each house, then it shall be the duty of the legis- 
lature to submit such proposed amendment or amendments to the people, in 
such manner and at such time as the legislature shall prescribe ; and if the 
people shall approve and ratify such amendment or amendments, by a ma- 
jority of the electors qualified to vote for members of legislature, voting there- 
on, such amendment or amendments shall become part of the constitution." 

A similar, but less verbose proviso occurs in the federal con- 
stitution. 

"2. At the general election to be held in the year eighteen hundred and 
sixty-six, and in each twentieth year thereafter, and also at such time as the 
legislature may by law provide, the question, ' Shall there be a convention to 
revise the constitution and amend the same V shall be decided by the electors 
qualified to vote for members of the legislature ; and in case a majority of the 
electors so qualified, voting at such election, shall decide in favor of a con- 
vention for such purpose, the legislature at its next session, shall provide by 
law for the election of delegates to such convention." 



MISCELLANEOUS. 285 

A constitution which makes in such a sweeping manner the 
whole judiciary elective, will ruin the morals of a society in such 
a large state as New York, which is so much inflated by immi- 
gration, in a very short time. Hence the urgent necessity of 
amending it. 

ARTICLE XIV. 

Miscellaneous. 

" 1. The first election of senators and members of assembly, pursuant to 
the provisions of this constitution, shall be held on the Tuesday succeeding 
the first Monday of November, one thousand eight hundred and forty-seven. 

" The senators and members of assembly who may be in office on the first 
day of January, one thousand eight hundred and forty-seven, shall hold their 
offices until and including the thirty-first day of December following and no 
longer. 

" 2. The first election of governor and lieutenant-governor under this con- 
stitution, shall be held on the Tuesday succeeding the first Monday of No- 
vember, 1848; and the governor and lieutenant-governor in office when this 
constitution shall take effect, shall hold their respective offices until and in- 
cluding the 31st day of December of that year. 

"3. The secretary of state, comptroller, treasurer, attorney-general, district 
attorneys, surveyor-general, canal commissioners, and inspectors of state 
prisons, in office when this constitution shall take effect, shall hold their re- 
spective offices until and including the 31st day of Decembei*, 1847, and no 
longer. 

" 4. The first election of judges and clerk of the court of appeals, justices, 
of the supreme court and county judges, shall take place at such time between 
the first Tuesday of April and the second Tuesday of June, 1847, as may be 
prescribed by law. The said courts shall respectively enter upon their duties, 
on the first Monday of July, next thereafter, but the term of office of said 
judges, clerk, and justices, as declared by this constitution, shall be deemed 
to commence on the first day of January, 1848. 

" 5. On the first Monday of July, 1847, jurisdiction of all suits and pro- 
ceedings then pending in the present supreme court and court of chancery, 
and all suits and proceedings originally commenced and then pending in any 
court of common pleas (except in the city and county of New York), shall 
become vested in the supreme court hereby established. Proceedings pend- 
ing in courts of common pleas and in suits originally commenced injustices' 
courts shall be transferred to the county courts provided for in this constitu- 
tion, in such manner and form, and under such regulation as shall be pro- 
vided by law. The courts of oyer and terminer hereby established, shall, in 
their respective counties, have jurisdiction, on and after the day last men- 
tioned, of all indictments and proceedings then pending in the present courts 
of oyer and terminer; and also of all indictments and proceedings then pend- 
ing in the present courts of general sessions of the peace, except in the city 
of New York, and except in cases of which the courts of sessions hereby 



286 MUNICIPAL GOVERNMENT. 

established may lawfully take cognisance ; and of such indictments and pro- 
ceedings the courts of sessions hereby established, shall have jurisdiction on 
and afcer the day last mentioned. 

" 6. The chancellor and the present supreme court shall, respectively, have 
power to hear and determine any of such suits and proceedings ready on the 
first Monday of July, 1847, for hearing or decision, and shall, for their ser- 
vices therein, be entitled to their present rates of compensation until the first 
day of July, 1848, or until all such suits and proceedings shall be sooner 
heard and determined. Masters in chancery may continue to exercise the 
functions of their office in the court of chancery, so long as the chancellor 
shall continue to exercise the functions of his office under the provisions of 
this constitution. 

" And the supreme court hereby established shall also have power to hear 
and determine such of said suits and proceedings as may be prescribed by 
law. 

" 7. In case any vacancy shall occur in the office of chancellor or justice of 
the present supreme court, previously to the first day of July, 1848, the gov- 
ernor may nominate, and by and with the advice and consent of the senate, 
appoint a proper person to fill such vacancy. Any judge of the court of ap- 
peals or justice of the supreme court, elected under this constitution, may re- 
ceive and hold such appointment. 

" 8. The offices of chancellor, justice of the existing supreme court, circuit 
judge, vice-chancellor, assistant vice-chancellor, judge of the existing county 
courts of each county, supreme court commissioner, master in chancery, ex- 
aminer in chancery, and surrogate (except as herein otherwise provided), are 
abolished from and after the first Monday of July, 1847. • 

" 9. The chancellor, the justices of the present supreme court, and the cir- 
cuit judges, are hereby declared to be severally eligible to any office at the 
first election under this constitution. 

" 10. Sheriffs, clerks of counties (including the register and clerk of the* 
city and county of New York), justices of the peace and coroners, in office 
when this constitution shall take effect, shall hold their respective offices un- 
til the expiration of the term for which they were respectively elected. 

"11. Judicial officers in office when this constitution shall take effect may 
continue to receive such fees and perquisites of office as are now authorized 
by law, until the first day of July, 1847, notwithstanding the provisions of 
the twentieth section of the sixteenth article of this constitution. 

" 12. All local courts established in any city or village, including the su- 
perior court, common pleas, sessions, and surrogate's courts of the city and 
county of New York, shall remain, until otherwise directed by the legislature 
with their present powers and jurisdiction ; and the judges of such courts and 
any clerks thereof in office on the first day of January, 1847, shall continue 
in office until the expiration of their terms of office, or until the legislature 
shall otherwise direct. 

" 13. This constitution shall be in force from and including the first day of 
January, 1847, except as is herein otherwise provided." 



NEW YORK ELECTION. 287 

Clause eight contains valuable reforms, but the judiciary of 
this state is still in need of more. It is desirable to avoid sweep- 
ing changes in our states, and I do not propose one. The adapta- 
tion of the districts to the business is an easy thing, and the most 
important part of the activity of our municipal legislatures. If 
we prune the towns and counties and plant out new ones at the 
right season, they will remain healthy and vigorous, and never rot, 
or become the seat of corruption. Am I then not right, when I 
say, that not exactly man, but the wrong, careless, political dis- 
tricting of our society is the cause of our troubles, and want of 
public virtue ? The prevalent idea that a republic is a land 
where rogues have fair play, must be destroyed by a good ad- 
ministration of justice. 

Some of my letters have been written, and also published, 
during the late presidential campaign. If those should too much 
savor of time, I wish you may bear in mind, that there will be 
morev presidential elections, more changes of United States dynas- 
ties. With a few modifications, or modulations perhaps, the same 
issues will be again started in I860. Parties are, by our exceed- 
ingly liberal federal constitution, narrowed down to a very few 
platform topics for the feuds about the offices or spoils. This 
force, however, is greater in proportion to the population of a 
state. This induces me to spend a few lines on the result of this 
election in the state of New York. I consider, on the whole, 
the national election excitements as wholesome social movements, 
because, by extending over an immense area, traversed by tele- 
graphs and steam-engines, they promote, simultaneously, a most 
variegated general investigation of important principles, and, 
having more or less reference to the Union, quicken the instinct 
of patriotism, which so easily dies away in the common business 
routine of every day life. One of the foremost issues in the can- 
vass of 1856, was the principle of free migration to new terri- 
tories. With reference to the culture of land, there are two 
classes of migrators in the United States, one depending upon 
free, the other upon bound labor. They were represented by 
political parties. The first pretended that Congress possessed the 
right to forbid the bound-labor migration to new territories (free 
soil) ; the latter sided with the present practice of Congress, sanc- 
tioned by the Kansas and Nebraska act, mentioned by me before, 



288 MUNICIPAL GOVERNMENT. 

namely, that Congress has no power to exclude this kind of migra- 
tion, and that it lodged in the legislatures of the states in concern. 
This party has been, generally successful in the election of 1856, 
but not in the state of New York (although in New York city), 
and this appears as a curious freak of public opinion. It is, 
under the federal constitution, as we have seen, a matter of course, 
that the inhabitants of these territories have, when they form a 
state, the right to decide for themselves whether bound labor 
shall be tolerated therein or not. The result of this policy 
should now be, that there never will be formed again a state ex- 
pressly sanctioning bound labor, where free labor is practicable. 
Free labor being the rule, all unsettled territories, and all slave 
states, are open to unlimited immigration from all states, and, ac- 
cording to the present practice, from all parts of the world, China 
included. On the side of free labor we have in the United States 
seventeen millions, in the Canadas four millions, in Europe about 
one hundred millions, and in Asia uncounted millions, furnishing 
immigrants, while on the side of bound labor we have but ten 
millions, all counted, or more properly, only six millions, after 
deducting four millions of bound laborors, who can not migrate 
on their own account, furnishing immigrants. Can there be a 
chance of a majority in a territory or a new state, fit for white 
labor, for the immigration from the six millions on the side of 
slave-labor, against the immigration from the uncounted millions 
on the side of free labor ? I should think not, and so thought 
Governor Hammond in a late speech. But, as long as the Mis- 
souri compromise divided the Union in two parts, people on the 
southern or bound-labor side had a right to the formation of slave 
states south, and Congress was bound to support them, if this line 
drawn by an act of Congress had not been a mere abstraction. 
But, by the abolition of this line, the greatest liberty is given to 
migration. 

Was it not now, I ask, after this digression, rather singular that 
the people in the state of New York, through which flows the great 
mundane stream of eastern migration on rivers and lakes, on state 
canals and railroads, voted at that time against free migration, 
which is so highly advantageous for those public and diverse pri- 
vate interests. 

The vox populiy as Franklin says, never can be the vox dei, 



t prisons. 289 

unless it comes from honest men. It is to be seen at the next 
national election what will be the pleasure of this vox populi in 
this leading state. 

But, my dear chjldren, I have done now with this great state 
and its constitution. May my unpretending remarks lead to fur- 
ther investigations and more thorough inquiries into the art of 
realizing justice, especially at the present time, when soon a popu- 
lar vote will be cast on the organic law of this commonwealth. 



LETTER XXI 



Prisons. — Penal Colonies on the "Western Plains, in the Rocky Mountains. 
— Police. — Prison Associations. — Missionary Societies. — Bible. 

The best laws remain inert if not well executed. The moral 
tendency of the laws and the aim for which they are made, viz., 
the protection of life and property, require punishment and re- 
straint of criminal unruly men. It is one of the uncomfortable 
qualities of republics, that they are rather favorable to the devel- 
opment and accumulation of mischief. Liberty, sweet liberty, 
will be abused by children and adults. The stream of migration 
does not alone fertilize our world-wide territory, no, it also depos- 
ites, especially in large places where people are fond of congre- 
gating, mischievous detritus. Macchiavelli thought of that, and 
gave his prince the advice to take good care of the amusement 
and industry of his subjects by shows, circences, exhibitions, pop- 
ular festivals, following an old maxim of mothers who, when teased 
by mischievous children, try to divert their mind by play or pleas- 
ant occupation, well knowing that this is a better method of cor- 
recting mischievous habits, than scolding, whipping, or coercing. 
Mischievous adults should be disciplined in a similar manner. 

Instead of confining them in penite?itiaries, the special object 
of this letter, and forcing them with the whip to work for the ad- 
vantage of speculators, and depriving them of the free exercise 
of their will, the great agent of self-improvement, we should rather 
try to occupy them on the common land out west with labor for 
their own exclusive benefit. Instead of forming factory-labor 



290 MUNICIPAL GOVERNMENT. 

penal-colonies in Sing Sing and Auburn, we should establish agri- 
cultural and industrial penal colonies on our great western plains, 
on the grazing grounds of the buffaloes, in the Rocky mountains, 
on the Mexican frontiers, for the alarmingly-increasing great num- 
ber of convicts. This local advantage renders the plan very 
practicable. 

Statesmen or politicians who really wish to manage the state 
according to St. Paul's sound doctrine, that is, for the true benefit 
of the fallen man, should take warning from the rapid progress 
of kindred arts and sciences. The noble medico-surgical art, 
which aims at the delivery of man from physical sufferings, but 
half a century ago shed streams of blood to cure fevers, which 
are in most instances simple curative reactions of the system, now 
controlled by a few harmless medicaments or water, and crippled 
thousands by perilous operations, now obviated by simply assisting 
nature in restoring the injured limb. What immense change has 
also come over theology, the time-honored art of curing sin ? Is 
there now a single common-sense man in Christendom who thinks 
or believes that religion without good works is of any use ? where 
are the votaries of idolatry, self-castigation, witchcraft? I dare 
not describe the stupendous progress of the mechanical arts in all 
their branches. Where are the caravals, show-coaches, wooden 
telegraphs, blunderbusses, etc.? Shall then the most noble art of 
politics, which has to cure lawlessness, dishonesty, aud crime, re- 
main with its penitentiary and workhouse castles, and other 
clumsy contrivances for ever behind time? It should be the 
greatest ambition of a free generous people to reform those anti- 
quated things. Neither man, animal, nor plant will ever improve 
in prison confinement. Liberty is the basis and essence of the 
development of everything. If the good old book says : " let the 
captive free," it means, place him there where liberty does not 
tempt him to do wrong. Congress and states must, in this regard, 
act in harmony. Both are appointed for the realization of justice. 
They have nothing else to do. 

The acquisition of immense tracts of wild land by Congress, 
on general grounds of doubtful policy, may become a source of 
infinite benefit for society, if made use of for penal colonies. Cir- 
cumstances make the man ; alter these and you will alter him, for 
the worse or better. 



POLICE. 291 

None of our constitutions are against the establishment of 
such settlements. If Congress has a right to bore for water in 
our western desert and introduce camels there, it can not object 
to the locating of colonies calculated to make use of that water 
and the ships of the desert. If the riding on camels shall not 
remain an amusing occupation of our lieutenants, we must plant 
our own thriving Arabs in the desert to profit by them. 

Our state constitutions in particular are also not against this 
plan. If they allow to shut men up in castles, and force them to 
work there against their will and inclination, even interfering thus 
with the labor of honest business men outside, they can not forbid 
to place men under the canopy of heaven, on common land, in 
order to found by labor a new home and better life. There is 
obviously nothing unconstitutional in the plan. 

The actual practice of the governors of New York state is in 
favor of penal colonies ; for they begin to pardon criminals under 
the condition that they will quit the county or state, as the case 
may be. This seems to be an imitation of the English circumlo- 
cution practice in Australia, where convicts are set at liberty under 
the condition that they will quit her Majesty's dominions. Still, 
however this may be, it will terminate in something like a penal 
colony ; for no state will permit such expelled criminals to take 
up their residence therein. The " Sydney Ducks," as these Aus- 
tralian legal exiles were called in California, were hung by the 
vigilance committees, after they had played for a while with the 
courts the game of hide-and-seek. Our politicians have no time 
to attend to such business as the realization of justice ; their office 
affairs absorb it entirely. People therefore must turn their minds 
to this subject, if they wish to have their property and lives pro- 
tected by a good administration of justice. 

That part of the judiciary, which has to maintain order in large 
towns is better known now under the name of police, a force which 
in large cities is organized, uniformed, drilled, and paraded like 
standing-army soldiers. Its business is to find out offenders, 
arrest them, and deliver them to the courts for trial and punish- 
ment. Its operation is local, and therefore a part of the local 
jurisdiction of cities, towns, and villages. As it works at present, 
its reputation is at stake, unless a regular thinning off of the 
villains, especially in densely-built towns, shall soon be resorted to 



292 MUNICIPAL GOVERNMENT. 

by transporting them ; for the rogues and police, as matters now 
stand, play, indeed, a kind of hide-and-seek game, to the apparent 
satisfaction of all concerned, except the people, who have to pay 
the police bills. If the rogues are not out on their peculiar nightly 
business cruises, the police accommodate them also with lodging 
in the station-houses. The punishment amounts in the main to 
nothing but the providing of the villains in fine castles with better 
board and lodging than they enjoy when they are at liberty. 
When they leave those castles, the hide-and-seek game with the 
police is generally played over and over again, at the expense of 
the generous people, who, although grumbling, pay the enormous 
costs good-humoredly. These remarks apply to all large cities 
here and in Europe, London and Paris included. They are all 
wretchedly managed in this respect.' We complain that this game 
is especially enjoyed by immigrants. Well, in the name of com- 
mon sense, why not at once transport those amateur rogues and 
voyageur villains to regions where stern necessity will force them 
to become honest laborers ? To give land to those villains whose 
greatest fault is that they have none and are not honest laborers, 
is most certainly sounder doctrine than to bestow it on schools or 
universities. The state institution has to coerce and tame villains, 
and not to teach good children and educate nice young men. By 
doing the first, it protects the lives and property of those good men 
who support the institution ; by doing the latter, it unbecomingly 
tampers with private business. Are not those castles, then, mere 
monuments of unsound doctrine and political errors ? Moreover 
there is a mass of forces already at work which may easily be 
turned to very good purposes in this direction. 

I mention first the prison associations. It must be clear to 
them that as long as the usual state-prison system prevails their 
exertions will turn in an eternal circle. To free a man from 
prison upon the pledge of reform is very well ; but the frequent 
relapse of the mischievous into their old sins proves that society 
gains nothing by it. 

Another force to be made available here is the missionary 
societies. No convict likes his prison with all its appendages of 
chapels, schools, shower-baths, chains, whips, etc. And this is 
natural. Set him free in a distant settlement, under penalty of 
death upon leaving it voluntarily, and he will organize schools, 



ABOLITIONISTS. 293 

build churches, appoint instructors himself, and like them in the 
bargain. A missionary will be his real comforter. Scoffers, who 
in their old homes would never listen to a sermon, opened with 
alacrity, in the California mining ranges, their saloons to the itin- 
erant preachers. 

The occasion is proper to speak further that the abolitionists 
are bound to second this plan. Their professed object is to 
deliver man from involuntary slavery or bondage. Now there 
are in our society no greater involuntary slaves than criminals 
shut up in state-prisons. It is true that our African bound 
laborer has a limited sphere of action ; can not wander, can not 
use his full time and abilities as he pleases ; still, he is reared in 
this condition ; it is his habit, and habit, a kind of bondage, is 
second nature. He has no higher aspiration, and, as a general 
thing, is perfectly satisfied with his situation as the slave of labor, 
so that he even honestly and voluntarily returns to his master, if 
once decoyed away from him. He obviously is not in need of a 
liberator, and does not ask for one, and if he wishes to be free he 
can become so by his own exertion. But compare with him the 
slave of crime — the convict. He is brought up in liberty; per- 
haps the spoiled son of wealth, and, if the child of poverty and 
vice, has tasted the sweets of freedom, although perhaps con- 
sisting only in grog-shop revelry and gratuitous harangues of 
demagogues. What a hell must be for him a penitentiary, 
established by law by the same men with whom he used to asso- 
ciate on equal terms ! With what infinite pleasure would such 
a man, if there is but a spark of humanity in his heart bear 
all deprivations in the loneness of God's wild nature, if he only 
can thus escape from the drear cell-existence in a watch-sur- 
rounded state-prison ! No man need be a slave of crime ; but 
no man can help being more or less a slave of labor. The Bible 
teaches this. 

All agree that our criminal-law system and its working is radi- 
cally wrong. It is nowhere much better in view of the reform 
of the villains. But it must be admitted that colonizing has 
always produced the best results. Siberia becomes thus an 
inhabited and even civilized country. Criminals have made 
Australia inhabitable. How much of our far west has been cul- 
tivated by outcasts is difficult to prove, but easily imagined. Our 



294 MUNICIPAL GOVERNMENT. 

great west is a fit home for used-up men to recruit morally and 
financially. The greatest and most efficient lever of our culture 
is honest labor. In dense society the chances of it for a criminal 
are but few ; but in the mentioned regions, most abundant and 
brilliant. If this well-tried and very practical plan is carried 
out with circumspection and energy, the telegraphs and railroads 
which must soon span those regions will find much support by it. 
This may suffice for my purpose. 



LETTER XXII. 



Large Cities. — Baltimore, Maryland. — Political History. — The People 
One Assembly. — First Constitution, 1650. — Extract. — Voting. — Slav- 
ery. — Abolition. — Divided Legislature. — Trouble. — Revolution. — Con- 
stitution of 1776. — Amended. — Judiciary Appointed. — Constitution of 
1851. — Elective Judiciary. — Executive elected by Districts. — City and 
Country Jealousy. — Cities Republics of tbe Middle Age. — Feuds with 
the Country Nobility. — Free Cities of Germany.-— Switzerland. — Large 
American Cities. — Their Separation from the Country. — More such 
Separations. — Apathy and Disgust with the City Affairs. — New Orleans. 
— Baltimore Vote on the Amending the Constitution. — Hanse Towns. — 
Crimes of English Law. — Macaulay. — Atlantic Telegraph States. 

From a paternal desire to make my politico-constitutional ex- 
plorations as complete and instructive as possible, I beg your at- 
tention a little longer for a few stray remarks on large cities. 
These are not only the hiding places of rogues, but also the cen- 
tres of enterprise, arts, sciences, munificence, and, moreover, the 
germs of young states and empires. 

Who would forget what Boston, with her Hancocks, has done 
for this great republic ? Alas ! for human inconsistency ! The 
same city is now the nucleus of an implacable faction against this 
Union ! Of New York, state and city, I have written enough. 
Turn now your eyes to Maryland, with Baltimore as a centre, 
even more overtowering the little Oyster-bay state than stately 
New York city the Empire state. It is in the same labor-pains 



BALTIMORE, MARYLAND. 295 

as Xew York, in regard to the regeneration of its constitution, 
while I am writing. Its legislative history is interesting. In 
consequence of the very liberal charter to the " proprietor," the 
Marylanders were permitted to make their own laws, and. be- 
ing all freemen of the same stamp, religion, competency, and aspi- 
rations, made every one of them an assemblyman. This is the 
only specimen of popular sovereignty which I have met with in 
history. But. as it was to be expected, this state, formed by sov- 
ereigns, caused nothing but trouble, lasted only a very short time. 
As early as 1639, a representative house of assembly was elected, 
and, in 1650, the first written constitution enacted, by which the 
legislature was divided between the people and the proprietors ! 
The result of this double-headed organization was constant dis- 
cord, until the Revolution made an end of it, and was followed by 
the constitution of 1776, which ordained in the main: — 

That the legislature shall consist of a senate and house of dele- 
gates, under the name of General Assembly of Maryland, meet- 
ing annually, to be elected "by the qualified freemen." (That is 
all the suffrage law we find in this constitution.) 

That a person of wisdom, experience, and virtue shall be chosen 
as governor, by the joint ballot of both houses, for three years. 

That five of the most sensible, discreet, and experienced men 
shall be elected by the senators and delegates, to be the council to 
the governor, of whom the first shall be acting governor during 
vacancy. 

That the governor, with the advice of the council, shall appoint 
the judiciary — as the chancellor, all judges and justices, attorney- 
general, officers in the regular land and sea service, officers of the 
militia, registers of land office, surveyors, and all other civil offi- 
cers, (assessors, constables — police, overseers of the roads, sheriffs 
excepted.) and suspend, and remove any civil officer, who has not 
a commission, during good behavior. 

There is no mention at all made of slavery, which proves that 
people wisely considered it not as a political thing, but as a mere 
matter of domestic life, which, without laborers, bond or free, can 
not exist. 

This is a significant fact. It shows the Africans were in America 
as in Africa not slaves by law, but by usage. And I am satisfied that, 
in our days, very few of them care little about the law T s and consti- 



296 MUNICIPAL GOVERNMENT. 

tutions, being entirely satisfied with this usage or custom. This 
is wholesome second nature. 'Those bound laborers, hired out in 
cities, perhaps, excepted, none would leave their masters, if servi- 
tude could be abolished by the stroke of the pen, without the pre- 
vious consent of both masters and slaves. Has the law more in- 
fluence upon free labor ? 

This constitution has been often amended. In regard to the 
judiciary, the state was, in 1803, divided into six districts, for 
each of which were appointed a chief-judge and two associates, 
who composed the county-courts in each respective district. In 
1805, a court of appeals was created, whose members were to be 
appointed by the governor and council. In 1810 it was enacted, 
that the rights of voting shall belong to every white (mark the 
word !) male citizen of above twenty-one years of age, having re- 
sided twelve months within the state and six months in the county. 
In 1837, the article of the constitution was abolished which prohib- 
ited the members of the general assembly to hold any office of 
profit, as also the council, and the senate were created advisers to 
the governor. At that time it was also ordained, that the relation 
between a master and slave shall not be abolished, except under 
certain forms and for compensation. This shows the effect of a 
political opposition to this domestic affair. 

In 1851, the present constitution was established, and the prin- 
cipal difference from the prior one is, that it makes, in imitation 
of New York, the judiciary and principal administrative officers 
elective, and creates a kind of triangular state for the election of 
the governor, by providing that it shall be divided into three dis- 
tricts, from one of which he is to be elected every four years. 
This is a peculiar feature, not occurring in any one of the sev- 
eral states of the Union, to my knowledge. 

This proviso, by obviously instituting a clannish executive, more 
for a part than the whole state, must have been suggested by the 
old antagonism or jealousy hovering betw r een country and city,* 

* Traces of this jealousy appear on the surface of the New York harbor 
quarantine difficulty, the remote cause of which, however, is the misplace- 
ment of the whole business. This is neither a county, city, or state, but a 
national or congressional business. Taking first our own ships, those, from 
the time of their clearance until they are discharged again, sail under con- 
gressional papers, authority, and protection. When they arrive at quaran- 



COUNTRY VERSUS CITY. 297 

which, in the middle age, was the cause of that brilliant galaxy 
of spirited, enterprising, intellectual city republics, the remnants 
of whom are the present free cities of Germany. Switzerland is 
indebted to them for its independence. They lived in endless 
feuds with the country nobility and their retainers. They became, 
when victorious, proud and oppressive, and, especially in Italy, 
the theatres of internal commotions, and then an easy prey of 
mighty princes and their intrigues. This is natural. The demo- 
cratic form of government can not alter human nature. Business 
interests will separate the cities still from the country, and pro- 
duce mischievous antagonism, which, in the length, can not be 
overcome but by a divorce. Manhattan Island, with over 600,000 
inhabitants, mostly city people, is overripe for a state, requiring 
a careful, very active political management. Philadelphia, cover- 
ing an area of 129J square miles, with a circumference of 74A 
miles, and more than 400,000 inhabitants is for all practical pur- 
poses also a state. Brooklyn, with Long Island, is ripe for state 
organization. Baltimore, and other great marts must follow in the 
same wake. And, discerning statesmen will admit the necessity 
of dissections of this kind for the counties east of the Mohawk river, 
Western Virginia with Wheeling, Southern Ohio with Cincin- 
nati, etc. I can not forego here the remark that time and mu- 
tual advantage required similar divorces between Holland and 
Belgium, Greece and Turkey, and they can not be, in the length, 
avoided in the Danubian provinces, Austria, Russia, England, 
France, and other overgrown states. The monarchs will oppose 
it, still justice and civilization require such dividing to reform 
the corruption inseparable from over-large centralized govern- 
ments. It is a law of nature, and not a mere axiom, that only 
small states preserve their manners well. Our practical federal 
constitution has wisely foreseen those changes. It remains, then, 
only for the practical people, and their statesmen, to come at the 
right time to an understanding about that which is " overgrown," 

tine, they alter not their character, especially not when the quarantine should 
be established by state or city laws and officials. It is mere circumlocution 
to allow state quarantine in ocean harbors, of which alone I speak. In re- 
gard to foreign vessels, those know nothing at all about ocean state laws and 
government. Congress can enforce by soldiers and vessels of war quaran- 
tine laws, but not the state or a city, because both have no such forces. 

13* 



298 MUNICIPAL GOVERNMENT. 

and act accordingly. A certain symptom of this political disease, 
" overgrown,'' is the apathy of the better class of the inhabitants 
of overgrown cities in regard to their administration, and the spas- 
modic efforts to shake off the incubus under which they suffer. 
They are disgusted with their unwieldly administration, and their 
tampering with it by the legislatures, composed of men who do 
not appreciate their state-like city interests, or, if they do, con- 
sider and treat them as fat party spoils. The question is, then, 
how can this apathy and disgust be cured ? 

If the legislatures can not help that, and do not understand the 
importance of the local municipal interests of such large places, 
how will their citizens alter that ? Simply by a timely divorce, 
just as grown-up children separate from the paternal stock and 
try their hand in self-management. A town which has absorbed 
a county and acquired the corpulence of a state, ought to be or- 
ganized as a state. Nothing short of that will cure that incubus- 
like apathy and disgust of the citizens. The best and wisest of 
the parents lose their hold on out-grown children. And such a 
separation will at once shiver that pestilential intrigue to atoms, 
which in the far-off capitals nestles and manages those large cities 
to the disgust of their inhabitants. They never will get rid of it 
otherwise. This also will restore the authority of the judiciary 
in such places. You may then understand the vote of the citi- 
zens in Baltimore in May, 1858, for the amending of the consti- 
tution of 1851, with an elective judiciary, and that of the coun- 
try people against it. 

You may think that a dividing of those large cities into sepa- 
rate municipalities, or independent business districts, would better 
answer for a local reform than a state organization. It would, no 
doubt, improve their administration, provided the legislatures alter 
entirely their policy of intermeddling, which virtually would 
amount to a divorce. Still, that a political party should do this I 
have great doubts. I cheerfully admit that all legislatures are not 
incompetent, all cities are not treated like New York or Balti- 
more, still every one of them (even in puritan New England), 
containing upward of forty thousand inhabitants, is suffering from 
public corruption, debts, high taxes, etc., as I mentioned before. 

It should then be obvious to every person, that in the right 
proportion of population, state (county, town), size and business 



DIVISION OF STATES. 299 

is the arcanum of good government, especially in republics. Be- 
ing common law with us that the people, and not Congress, make 
states, it is a plain duty of the people to make them and their 
subdivisions adequate to this proportion. Our present states, in 
regard to size, are either the product of mere accident, that is. of 
charters given by far-otf monarchs who did not know the country, 
or of congressional arrangements for momentary territorial pur- 
poses. Of course, Nebraska, Kansas, and California, as large as 
continental Europe without Russia, are not destined to be but three 
states for all time to come ! Let us then adjust our political dis- 
tricts right for the business in order to have this well done. A 
good system in business is the first thing needful, then comes the 
appointing of the right kind of business-men and their control. 
Those never work well without the first. Whoever has been once in 
the office of one of our city mayors, that of New York especially, 
and noticed with what mere clerical trash of e very-day routine 
business, belonging to regular courts and clerks, they are burden- 
ed, will easily understand why they have no time for a careful 
surveillance over all branches of the city administration, and the 
respective clerks and subalterns. The usual system is English — 
circumlocution. There, the lord-mayor must positively tie the 
sacred knot, do the business of a justice of the peace or police court. 
Our own old articles of confederation were strictly English, that 
is, circumlocution. A little attention to the present state of the 
public affairs in England, and the parliamentary proceedings, blue 
books, reform propositions, debates, and special committee reports 
on military and civil service, will convince that a great change is 
going on there. 

It is habit, wholesome second nature, which helps the English 
subject to bear the " crimes of English law," as Lord Macaulay 
has it. But the citizens of the United States have done with that. 

Bv-the-by, I never heard of vigilance committees and election 
riots, a la Baltimore, Washington, New Orleans, etc., in the lit- 
tle German Hanse republics. They behave well, and are doing 
well at home and abroad. Even when Europe is in a blaze, 
kindled in France or elsewhere, they are quiet. They have, as 
you know, the largest merchant fleet in Europe after the English, 
but, keeping no navy, they can not afford to luxuriate in opium, 
calico, civilization wars, negro blockades, and visiting of other 



300 MUNICIPAL GOVERNMENT. 

peoples' ships in the Gulf of Mexico or elsewhere. Their sea- 
men protect themselves by good habits, and are, therefore, not 
unlike ladies, everywhere respected. Their history is, indeed, a 
beautiful little chapter in the book of civil liberty. But this pic- 
ture would fade like flowers when touched by winter frost, if they 
should lose their sweet liberty by annexation or subjection. Their 
blessed neutrality induces to the hope, that the towns where the 
Atlantic telegraph taps the land, may be, in the course of time, 
declared neutral, and become something like Hanse towns. 

It is good that there are some republics left in Europe, to serve 
as precedents. 



LETTER XXIII, 



Morals. — Virtues and Vices. — Material of History, Arts, Novels, Dramas, 
Tragedies. — Washington. — Citizen Government. — Military Govern 
ment. — Priest Government. — Mexico. — The Canadas. — British North- 
west Territory. — The Lord's Prayer. — Conclusion. 

I am afraid I have often dwelled too long in the preceding 
letters upon the social moral influence of state institutions, and, 
indeed, all my aim has been to induce people and their public 
men to realize by them exclusively, justice, the first of all virtues ; 
but left it to you and my readers to find out exactly what it is. 
Every unselfish, sensible man may learn this first by his own 
experience, reason, and conscience ; and secondly, from the pre- 
cepts of religion, the narratives of history, and the example and 
history of good and bad men. What is right the law tells. 
Being but men, and not angels, we are not destined to absolute 
moral perception ; and to this state it must be attributed that in 
conformity with a dualism pervading the whole known creation, 
two kinds of forces are eternally at work in our life, which influ- 
ence our actions and mould our destiny. To facilitate the mem- 
ory of them I have put them down in parallel. Those of a more 
plastic nature have been beautifully personified by the ancients. It 
is perhaps superfluous to add that the virtues are promotive of con- 
tent and happiness, and the vices, of disappointment and misery 
in individuals and states. This is our inexorable fate. Good 



MORAL FORCES. 



301 



and bad deeds are recorded in the book of time with indelible 
ink. From the judgment of conscience there is no appeal, no 
pardon. The remorse of a bad deed remains for ever. Read 
then : — 

MORAL FORCES. 

VICES. 



VIRTUES. 

Justice, 

Self-control, Attention. 

Honesty. 

Veracity, Truth. 

Prudence, Politeness. 

Piety, Charity. 

Modesty, Simplicity. 

Economy. 

Patience. 

Sobriety. 

Pudicity. 

Industry. 

Conscientiousness. 

Fortitude, Glory, Patriotism. 

Righteousness. 

Love. 

Humanity. 



Order, Peace, Happiness. 
This is life's material. 



Injustice. 

Carelessness, Recklessness. 

Faithlessness, Dishonesty. 

Falsehood, Calumny, Intrigue, 
Slander, Hypocrisy. 

Imprudence, Inurbanity. 

Profanity, Inhumanity, Avarice. 

Impudence, Extravagance. 

Prodigality. 

Passion. 

Intemperance. 

Lewdness, Free Love. 

Laziness, Loaferism. 

Treachery, Perfidy. 

Cowardice, Bombast, Treason. 

Villany, Corruption. 

Hatred, Vengeance. 

Cruelty, Barbarism. 
EFFECT. 

| Anarchy, War, Misery. 
Justice crowns the column of virtues. 
The just man combines within himself all virtues. He, accord- 
ing to St. Paul,* needs no law, no state. Such a man was George 
Washington. He was just to mankind and to himself. He 
thought that in our age society may derive from the citizen gov- 
ernment what neither military nor priest government have brought, 
viz., justice. He had a firm faith in his cause and a just God. 

Let me now conclude these letters. If they should only con- 
vince those who take a sincere interest in our public affairs, that 
in our time the good management of the municipal affairs is in- 
finitely more important for the true welfare of society than diplo- 
macy, with her eternal wily intrigues for power and conquest, I 
should feel satisfied. 

* The passage in question reads thus : " But we know that the law [state] 
is good, if a man use it lawfully ; knowing this that the law [state] is not 
made for a righteous man, but for the lawless and disobedient, for the un- 
godly and for the sinners, for unholy and profane, for murderers of fathers 
and murderers of mothers, for manslayers, for whoremongers, for those that 
defile themselves with mankind, for menstealers, for liars, for perjured per- 
sons, and if there be any other thing that is contrary to sound doctrine." 



302 MUNICIPAL GOVERNMENT. 

Reform of public corruption must begin near home. Great 
events are ripening before our doors. Mexico is fast collapsing. 
The Canadas and British Northwest provinces are daily gaining 
in importance. They will form free states, either separate or 
united with us. But will they desire a union under present 
aspects ? Time will answer this question, not I. 

" It is righteousness which exalteth a nation." We are free to 
choose the roads to order, peace, and happiness, or to anarchy, 
war, and misery. 

Before you lay the book aside, please peruse once more its pre- 
face. I there maintain that a state institution is either the most 
powerful agent to promote the sense of honesty and justice, the 
mother of public virtue, or the most effective machinery to sow 
the seeds of vice, from which public corruption springs up, broad- 
cast over the land. I have tried in this book to show how the 
latter may be prevented, that this institution may not be further- 
more abused anywhere for fraud, peculation, and corrupting con- 
trivances of all kinds, counteracting and neutralizing the influence 
of the church, school, and home education. 

I must confess that one of my leading ideas was derived from 
a petition in the Lord's prayer, " Lead us not into temptation," 
applied to statesmen, politicians, and their parties generally. 
People nowhere should tempt them with other business than the 
realization of justice ; because this, and nothing else, will prevent 
public corruption, as much as it can be done. Sapienti sat. 

Contribute, then, your mite to the honor of our great and beau- 
tiful country. Adieu. 



J 

^bkitba k % Puiticiplisf. 

LETTER XXIV. V^^XSs 

reparation of the United States. — Confederate States of America.— 
Hautefenille on our War. — Secession no Rebellion. — "War. — Coercing 
Power Unconstitutional. — Enforced Union against Reason and Nature. — 
Forms of Secession. — Convention of the States. — Pres. Buchanan. — 
Garibaldi. — Change of Political Organizations. — Abolitionists the only 
Enemies of the Federal Constitution. — Irresistible Conflict. — Shay's 
and Whiskey Rebellion. — States no Rebels; may be despots, tyrants, 
usurpers. — Law on Rebellious Subjects. — Pres. Lincoln. — The United 
States a great People, no Nation. — The Constitution no Rope of Sand. — 
The Dog in the Fable. — German Confederation over a thousand years 
old. — Secession a check against Subjection — Macchiavelli. — Short age 
of our Confederation, long Age of the German. — The Family of States 
in Europe and America. — Justice necessary among Robbers. — Diplo- 
matic Etiquette among States. — Recognition of New States. — A Colony 
becoming a State. — New Confederations of States. — New States by Re- 
volution. — Italy, Greece, Belgium. — Mediation. — Monroe's Message on 
Recognition. — Pres. Pierce. — Wm. Walker. — Recognition of the King 
of Italy. — Abolition War. — John Q. Adams. — His War Power. — Law 
of Nations. — Our War. — The Monster Crime of the Age. — Russia and 
the United States in trouble about Labor. — Probable Downfall of 
Russia — Domestic Labor. — Property. — Hired Labor. — Dr. Smith. — 
Indians. — Negroes. — Errors about Labor. — Property Labor No Sin. — 
Effect of Property Labor in the South. — Cheap Government. — Effect 
of Hired Labor in the North. — Riches and Poverty and High Taxes. — ■ 
Cruisers. — Visit of Neutral Ships. — Captain Wilkes. — Contraband. — 
Blockade.— -Dr. Franklin. — Present Parties. — Abolition Party North, 
Anti-Abolition Party South. — The Thirty Years, and Abolition Yfar 
ending by Exhaustion. — Let well alone. 

Since the preceding Letters have been published the United 
States of America hav3 been dissevered, and a new federation, 
under the name of Confederate States of America, formed. 
The sad, but not unexpected event, of mundane importance, 
has led to a disastrous war between the two Confederations, on 
the ground that the separation of the Confederate States is 
rebellion against the Constitution of the United States and the 
A 303 

\ 



304 SEPARATION OF THE UNITED STATES. 

government established under it. The Confederate States 
deny that they have rebelled, and maintain that they have right- 
fully left the confederation of the United States You Vnow 
from your school-books, and if not, from the Declaration of 
Independence in this book, that it is American common law, 
that men possess the right to alter and abolish the forms of 
government, and there is probably no man in Europe, of a little 
information in such things, who will not, in general, admit the 
same right.* Even the natural opponents of it, the hereditary 
princes, admit it now, as is proved by the modern history of 
Greece, Belgium, France, Italy, Savoy, &c, where people have 
altered and abolished the forms of government, and obtained 
the recognition of the new governments by the older States. 
That you may now be able to judge for yourselves on the ques- 
tion of State right of secession and the justness of the war, 
it is necessary to inquire whether this American common law 
of the States or their people has been altered or renounced, so 
that the Southern Confederate States could not make use of it, 
ns the Thirteen old States did, in conformity with the Declara- 
tion of Independence. 

You will have noticed, when perusing the letters on the 
Federal Constitution, that this organic law does not contain 
any disposition on the subject, but is entirely silent about it. 
One may think that this silence is a defect, and that this de- 
fect, in order to preserve the confederation unbroken, should 
be remedied by an assumption of a coercing power by the Con- 
gress. But as Congress has no right to exercise the least 
power, or do the least business, not distinctly confided to its 
care by the Constitution, no one who is vigilant about his 
rights would subscribe to this doctrine of coercing a seceded 
State into the confederation. People belong to themselves and 

* A distinguished French writer on public law, L. B. Hautefeuille, 
agrees with it in all his writings, and in " Quelques Questions de Droit 
International Maritime a propos de la Guerre Americain," he says: " Le» 
citoyens du sud, en reclamant leur independance, en rejettant le gouverne- 
ment de Washington ne font autre chose qu'appliquer les principes, sur 
lesquels repose depuis 85 ans l'existence de la grande republic elle 
merue." This means, the citizens of the Southern States fight for the 
same cause that Washington and his compatriots defended against the 
British Government. This will be the judgment of History. 



^oEKcnro- powek. t)05 

not to government. By war, or brute force, generally resorted 
to by the stronger against the weaker (we would not have war 
if the North contained four and the South eighteen millions 
of men) a right is never decided, but only a certain arrange- 
ment or a peace obtained. The war of our revolution against 
Great Britain might have been a failure on account of the 
weakness of the Thirteen Colonies without the material aid of 
France ; still, not one true American, nor even an unpreju- 
diced European, will, if he paid ever so little attention to the 
history of the revolution and to the Declaration of Indepen- 
dence, deny, that the Colonies had a right to independence, self- 
management, and, of course, to fight for it, just as the Southern 
States are doing now. 

To illustrate the case, let us suppose that the Constitutional 
Convention, whose President General Washington was, had 
inserted into the Constitution something like the following 
clause : " The States belonging to this Cpnfederation shall have 
no power to secede from it, under penalty of being coerced into 
it by Congress," and the people would have accepted the Con- 
stitution with this clause, what would have been the practical 
effect of it 1 It would have been instantly made use of for 
political capital by designing men, always at hand to do mis- 
chief — to tyrannize over their antagonists, and to enforce their 
monopolistic, despotic, and selfish schemes ; it would have 
made an effective opposition of a minority against them im- 
possible, and, of course, lead to subjection. It would make a 
confederation a trap for confiding men, and the constitution and 
civil laws a mockery, because society then would be in con- 
stant fear of organized oppression and revolution, and verge 
constantly on civil war. Almost the same effect another sup- 
posed clause, would have, viz. : " One or more States may secede 
from the confederation under certain conditions, as, if they 
wish to set up a monarchy, (see page 107,) to carry on Poly- 
gamy, (Mormons,) to refrain to bear the expenses of a foreign 
war, decided upon by Congress, (Hartford Convention,) &c; 
for it would not only again s^rve as a pretext for mischievous 
designs and speculations, but also undermine the credit and 
authority, and neutralize the prestige of the confederation 
hi home and abroad from its beginning. It is, therefore no 



306 SEPARATION OF THE UNITED STATES. 

defect of our excellent Constitution, — which has been, with 
some not very important alterations, (see Apendix 0.,) adopted 
by the Confederate States, a proof that they did not secede 
from dissatisfaction with the Constitution and the original 
federation formed by it, — to be silent about secession and coer- 
cion ; rather the reverse, it was an act of eminent prudence 
and statesmanship not to touch this subject at all, to give no 
chance for meditation and speculation on it, and leave it to the 
people's sense of prudence, wisdom, patriotism, and self-re- 
spect to preserve the confederation, without the least resort to 
coercion and force, because it is against nature and reason to 
enforce partnerships, alliances, leagues, confederations, church 
congregations, matrimony, or any association whatever against 
the will of the parties in question. It is proverbial, that one 
cannot make two men go together against their will. There- 
fore all the founders of our confederation have placed their 
opinions against coercion on record, because the Confederation 
of the United States is, from the beginning, voluntary and not 
military. (See Madison Papers.) 

It follows that, according to the Constitution, the States 
which have formed the United States Federation are not pro- 
hibited from seceding, and may therefore do it when they 
choose, or, in other words — they have a right to unmake what 
they have a right to make. Still this, as little as the establish- 
ing of the federation itself, can be done without certain forms. 
I have, in this respect said, page 80 : " Mind that no single 
State can leave the Union without the permission of the whole 
people or nation." The well-known form of obtaining this 
permission is by a Convention of the people, or the States. 
The unmaking of the federation should be done as the making 
of it. Business order requires it. You know, from page 128, 
that this business order is expressly provided for by the Con- 
stitution, in case of needful amending. Suppose now, such a 
convention should have been called, and it had firstly dis 
covered that the Southern States had merely left the Union to 
part with Abolitionism, or go out of its way ; then, perhaps, a 
clause, added to the Constitution, declaring expressly that 
negroes form a distinct inferior race — although a notorious fact, 
sufficiently supported by the Constitution, — such a clause, I 



CONVENTION OF THE STATES. 307 

cay, might perhaps, have contributed much towards a recon- 
ciliation, provided, the Abolitionists icould have respected it, of 
which I have my doubts, for those alone are the opponents, 
and, indeed, milliners of the Constitution, and consequently 
destroyers of the Confederation, as my letters show. Or, 
secondly, that a high tariff should be the main cause of seces 
sion, then a similar compromise as that promoted by H. Clay, 
the only check to secession at that time, and not Gen. Jackson's 
war message, might perhaps, have restored harmony. Or, 
thirdly, that the so-called Chicago platform would have been 
the cause of discord, the Convention might have the decision 
of the Supreme Court, against which the platform especially 
was directed, adopted as an amendment to the Constitution ; 
and thus, perhaps, prevented or healed the rupture. Or, if any 
meddling of Congress with domestic affairs, (making Missouri 
lines, &c.,) would have given offence to our co-States, then the 
Convention could, perhaps, help, by insisting upon the adoption 
of a rule by Congress, according to which every member who 
should introduce this topic into the debates of Congress, should 
be excluded, it being acknowledged from all sides, that, consti- 
tutionally, Congress has absolutely no business to legislate on 
domestic affairs, be it North or South, or refer to eman- 
cipation, abolition, or anything else. Or, if the cause of dissa- 
tisfaction would be the non-execution of the " Fugitive Slave 
Law," the Convention might also, perhaps, remedy the remiss- 
ness. In one word, before this Convention, a clear case, or ar 
gument could be made out, full light shed upon the gravamina, 
and peace preserved. Disputed questions could also be re 
ferred to decisions of courts or umpires. So you will see that 
this secession business is not at all beyond the control of our 
political machinery. From all sides the calling of such a Con- 
vention has been urged. The grave responsibility was with 
Congress and the President to convoke one. You will have 
noticed that State after State in the South declared its seces- 
sion by the same legal formality of conventions, and without 
using the least violence against a single official appointed by 
Congress, or against Congress itself and its officers in Washing- 
ton. Mr. Lincoln acknowledges it expressly by remarking 
that, by the change nobody was hurt. They dissolved the 



308 SEPARATION OF TITE UNITED STATES. 

federal bands in a perfect business manner, nevcj: visible in 
real rebellions, and neither subverted nor overthrew the govern- 
ment, as the Colonists did with the English Governors, or 
Garibaldi with the Bourbons. That they occupied the common 
forts, &c, within their jurisdiction was in keeping with the 
regular course in such changes. From the moment of secession 
the United States were a foreign government to the Confede- 
rate States. Similar occupations of English forts, &c.,_ took 
place at the time of the Revolution. Holland would keep the 
fortress of Antwerp after the separation of Belgium. It was 
taken by the French for the Belgians with the consent of the 
mediating European governments. 

If, in the Convention, real patriotism had prevailed, it most 
certainly would have prevented that most disastrous of all 
wars — civil war — and shown to the world, better than all our 
constitutions, laws, and professions, and demagogues can do, the 
excellency of our political system. And even if it should 
have failed to reconcile the Abolitionists with the Constitution, 
for the perhapses above indicate it, time would have been gained, 
passions subsided, and things easily taken such a turn, that by 
this separation, neither commerce nor industry in general 
would have been disturbed. I beg to add (in the Appendix 
B.) a little memorial, sent in July, 1861, to the Congresses of 
both Confederations, which points out the ways to make such an 
arrangement. And, if this Convention would have failed en- 
tirely, like the Peace Conference, it would undoubtedly, have 
made patent the fact to the people that when the Southern 
States formally seceded, the federal bands of the Union were 
already broken by the Northern States, by enacting laws 
against the plain words of the Constitution, and electing the 
chief magistrate upon a platform annulling the decision of the 
Supreme Court of the United States, in regard to the equal 
territorial rights of the people and their States. This explains 
why all petitions and propositions to maintain the Federation 
by negotiation and compromise and convention were pertina- 
ciously rejected and refused by the Northern States and their 
representatives in Congress. They would have no union with 
the slaveholders. 

But, is the admission of a right to secede not. a dangerous 



CHANGE OF POLITICAL ORGANIZATION. 309 

doctrine, a heresy, and against the indissolubility of the Con- 
federation ? Has this Union not been made for all time to 
come ? Is not this secession, indeed, rebellion against the 
Constitution, and therefore, to be put down by force 1 Let me 
refer in this regard, first, to a passage in the Farewell Address. 
page 189, where General Washington says, when retiring to 
private life, "In offering to you those counsels, I dare not hope 
they will make a strong and lasting impression, or 'prevent our 
nation from running the course which has hitherto marked the 
destiny of nations ," &c. What means this passage from the 
pen of the man, who devoted the best part of his life and all 
his energies to the formation of this Confederation, and served 
two terms as President ? Nothing less than that he believed 
that the Confederation most certainly icould die out, with that 
friendly, brotherly, conservative, conciliatory, truly union 
spirit, absolutely necessary to the harmony, permanency, and 
well-being of such a republic ; further, that he did* not believe 
in the eternity of this fabric, as little as ever a State, either 
republic or monarchy made by man, will last forever. There 
is no heresy in such a belief, and that a confederation, however 
compact in words, will last, if the confederative sentiment has 
given way to hostile, factious sectionalism. It is true that all 
political organizations of states, counties, &c., are required 
for all time to come, i. e., as long as men are not really self- 
governing, of which I have often spoken in these letters ; still 
their forms constantly alter with time and circumstances. The 
confederation of the feeble thirteen young States was indispen- 
sably necessary for their success ; still they accepted the Con- 
stitution with great reluctance and caution, although time and 
circumstances were evidently favorable to its formation. The 
population was very much alike ; there were no rampant aboli- 
tionists, denouncing the confederation as a bargain with hell, 
considering slavery as a sin, despising a union with slave- 
holders, as Washington, Madison, Jefferson, Monroe, &c, or- 
ganizing John Brown raids, &c. Had such a spirit then pre- 
vailed, not a hundred Washingtons, not a whole army of arch- 
angels would have succeeded in forming a federation like ours. 
History has no record of a rebellion of a sovereign State. 
The crime of rebellion is committed by the citizens against the 



310 SEPARATION OE THE UNITED STATES. 

State. States may become despots, tyrants, usurpers, consti- 
tution breakers, but never can be rebels. Thai our States are 
entirely independent and sovereign you know from their con- 
stitutions. Their confederation for the better management of 
a certain amount of public business concerning the common 
defence and diplomatic business especially, does not alter any- 
thing in it, as you have learned from the Federal Constitution, 
but was rather calculated to strengthen their sovereignty 
and independence in regard to foreign governments. But if, in 
the course of time, it should turn out that a section or number of 
the States should abuse the federal constitution, or subvert it, to 
the detriment of a number of co-States, and those should, there- 
fore, withdraw from the union, this should be called as little a 
rebellion or heresy, as the making of the confederation itself 
This was, at the time of its formation, a deviation from the 
orthodox faith of sovereignty, according to which a State is an 
independent unit. If a partner sees that his co-partner injures 
him, and therefore dissolves the co-partnership, is this rebel- 
lious or heretical ? If confederate States become the seat of 
discord, irresistible conflict and hatred, the sooner they part 
the better. A union, under such circumstances, is but a curse, 
nothing else, like that of a family compact between a quarrel- 
ling and fighting couple. All public organizations are con- 
stantly changing, either in a formal way, by amending the 
organic laws, voting, elections, consolidations, divisions, &c. ; 
or in an informal manner, by revolutions, rebellions against 
the authorities, as happened in Massachusetts and Pennsylvania 
under Washington ; the first, called Shay's Rebellion, put 
down easily by the State authorities, the Whiskey Rebellion, 
also speedily quelled. In neither were the States themselves 
the originators of opposition or rebellion. It was the work of 
single discontented rebellious citizens. Here the strong arm 
of the State, or of Congress, as the case may be, had to restore 
order and the authority of the law. The law of Congress, re- 
ferred to in Mr. Lincoln's message of April 15, 1861, calling 
out an army of 75,000 men, applies to such rebellious subjects 
and their combinations, and not to the sovereign States forming 
our federation. It was enacted in consequence of the just- 
mentioned Whiskey Rebellion in Pennsylvania Similar laws 



PRE3. LIXCOLX. 311 

exist in all States, here and in Europe, to protect the officers 
in the performance of their duties and the execution of the 
laws. If this law should apply to the States, it would treat of 
States, their conventions, legislatures, governors, and not of 
citizens and their combinations (plots, conjurations). When this 
law ordains that the persons composing such combinations shall 
be commanded to disperse, and retire peaceably to their respec- 
tive abodes within twenty days, it is impossible to imagine that 
Congress, when enacting this law, meant that States were in 
question, and should disperse and retire peaceably to their abodes 
in twenty days. Still, upon this law against riot, tumult, and 
disobedience of rebellious subjects, has been founded the Pre- 
sident's reiterated call for a large army ! If such a law ex- 
isted, it would obviously be made in contradiction of the De- 
claration of Independence ; and further, the Supreme Court 
of the United States would not have very recently declared 
that, there is no power, ?io law, to coerce the Northern States 
to annul the so-called Personal Liberty Laws, although by all 
courts declared unconstitutional, and obviously resisting and 
defying, in an anti-federal spirit, the Constitution and statute 
law of the United States. 

That none of our States ever renounced the right of seces- 
sion may be fairly presumed. Would, otherwise, President 
Lincoln have spoken, in the House of Representatives, in 1848, 
as follows : ' ; Any people, anywhere, being inclined, and having 
the power, have a right to rise up and shake off the existing 
government, and form a new one that suits them better. This 
is a most valuable, sacred right; a right which, we believe, is 
to liberate the world. Nor is this right confined to cases in 
which the whole people of an existing government may choose 
to exercise it. Any portion of such people that can, may re- 
volutionize, and make their own of so much of the territory as 
they inhabit. (?) More than this, a majority of any portion of 
such people may revolutionize, putting down a minority inter- 
mingled with or near about them, who may oppose their move- 
ments. (?) It is a quality of revolution not to go by old lines 
or old laws, but to break up both and make new ones." 

Those messages, and the war declared by them, are there« 



312 SEPARATION OF THE UNITED STATES. 

fore unwarranted by the Constitution, or any law, and a 
usurpation of despotic power. 

It has been maintained that, by admitting the right of seces- 
sion, we would weaken the bands of federation, destroy our 
nationality, and make the Constitution a mere rope of sand. 
If true, it would be not very complimentary to the understand- 
ing and statesmanship of the founders of our federation. If, 
in State coercion, only another word for subjugation, were the 
guaranty and strength of our Union, then it would be a cardinal 
oversight to make this coercion not a part of the federative 
covenant, and not put it perspicuously in the Constitution. A 
federation never constitutes a nation. It is against the Very 
notion of a confederation of States that they may be a nation. 
Ours is a compound of all nations, and immeasurably more 
than a mere clannish nation, for it is a great people. Our 
life is not in something like a pent-up, narrow, bombastic, 
Chinese, Danish, or Spanish nationality ; no, in something 
much better, namely, in constitutional liberty, regulated by 
self-made laws, adapted to time, our wants, climatic conditions, 
and social peculiarities, — a picture of which is given .in the 
preceding letters. This constitutional civil liberty is sub- 
stance, while nationality is a mere name, sound, shadow and 
show. When our Northern States fight against the Southern, 
upon the pretext of saving our national life or nationality, 
they fight for a sham, a shadow ; lik rt ihe dog in the fable, who in 
snapping after the shadow of the substantial meat between his 
jaws, lost it by this operation. Nothing makes our Union a rope 
of sand, but disunion, discord, sectionalism, producing irresisti- 
ble conflicts, and nothing will destroy it with more mathematical 
certainty than civil war. It is simply absurd to think of en- 
forcing a confederation or union among free States and free men 
by blows. In this book, the words " nation and national business," 
occur often, because we have no better words for the designation of 
the position of Congress and the business assigned to it, in order 
to distinguish it from the State business, called here municipal 
business. Still, names do not alter things. Germany, over one 
thousand years a confederation, harbors nations within its limits, 
viz.: the Prussian and Austrian, sub-divided into nationalities.* 

* Although the Canadians, Mexicans and Americans never will forca 



GERMAN COXFEDEEATION. 313 

The Swiss people are composed of Germans, French and 
Italians, and, therefore, no nation in the proper sense of the 
the word. All the European nations, however, may form one 
confederation if they please. They could dispense by such a 
business arrangement with the standing armies, and save six 
hundred million dollars taxes annually. You learn from the 
European papers that, at present, a party is tired of the old 
German confederation and insists on a consolidated govern- 
ment. It should take a warning from our situation. If the 
Prussian and Austrian rulers would consent to a divison of 
their States, (ruled by members of their houses,) a bettei 
organization of the common or central business may be ob- 
tained. But if this end should be reached b} r coercing or 
fighting Austria or Prussia, according to our example, to sub- 
mit to a central government or hegemony, a peaceable and 
righteous solution of the question will become impossible, and 
civil war inevitable. According to the German Bundes Acte. 
or constitution, the Presidium, in the Congress or Diet, belongs 
to Austria. This cannot be altered without an alteration of 
this compact. This is not easy, for many political and rel* 
gious reasons, not to be explained here. The German con 
federation is a republic of hereditary princes ; if diplomacy, 
which has through many trials sustained it for a thousand 
years, (just now it has easily settled the Hessian constitution 
dispute,) cannot preserve it any longer ; if, especially, an " irre- 

exactlv a nation, in the true sense of the word, the}*, notwithstanding, 
might be, under our excellent Constitution, confederated as a great peo 
pie, if our practice would not have been the reverse of the advice given 
by the great Virginian planter in regard to the conduct towards other 
nation?, and strictly constitutional. Accordingly, our aim should have 
been to give them an example of honesty and justice, producing " order 
peace, and happiness ; instead of indulging in faithlessness, sectional 
hatred, corruption, and injustice, producing anarchy, war, and misery." 
That the German princely confederacy has lasted so long and ours so 
short, proves that political institutions springing up from the lap of time 
or nature, however common-place, live longer than those produced by 
art, however beautiful in' their conception ; or, that the beautiful is more 
transient than common-place. The proprietary interests of the allied 
princes in the government contributes to its durability. The hired-labor 
principle in republics favors change and speculation. 



314: SEPARATION" OF THE UNITED STATES. 

sistible sectional conflict" mania should possess the minds of 
the people, and force the princes to yield, then probably Ca- 
tholic Austria with Bavaria, comprising towards thirty millions 
of men, will withdraw and form a southern confederation or 
league, and Prussia, with her Protestant allies do the same in 
the north. In German history there is no precedent of coercing 
a State into the federation. Frederick the Great had virtually 
^eft it, still nobody thought of considering him a rebel, or of 
making war against him on this account. According to the 
teachings of history, both ancient and modern, State secession 
from a confederation, entangled in irresistible conflict, leading 
to sectional elections, legislation, and even conspiracies, (John 
Brown raids,) is the only rightful remedy and course for self- 
protection, the only check against certain subjection of the 
people. 

You will remember the passage in The Prince, p. 194, viz. 
"A commonwealth or republic is to be ruined in order to keep 
it as a conquered province ; for people upon all occasions will 
endeavor to recover their old (privileges." Our Southern States 
nevor will submit to the dictates of a government of sectional 
origin, announcing itself as in irresistible conflict with them, 
and wherein abolitionism is represented and predominant. To 
coerce them is tantamount to subjection and ruin. That they, 
after being coerced, must cease to be free co-States in the con 
federation is obvious. Who would then not deplore this uncon- 
stitutional, unrighteous war, and sigh for peace, and a rational bu- 
siness-like settlement of the affairs between both confederations ? 
Such a settlement or winding-up would naturally include & 
fair adjustment of all mutual claims arising from the prio) 
federal connexions, in regard to forts, ships, arms, buildings, 
&c, whose possession had to change hands, being commob 
property of the whole people North and South. Could a Conven- 
tion of all the States not hinder the dissolution of the political 
partnership, it would have to appoint a commission to wind 
up the concern, and settle all boundary, inland navigation, &c, 
questions* It is sad to write on this subject, to substitute for 

* Demagogues, speaking in favor of war, allege that the free naviga- 
tion of the Mississippi alone is worth fighting for. They make people 
believe that the Confederate States -would close it. This certainly erro- 



SECESSION A CIIECK AGAINST SUBJECTION. 315 

such a business-like arrangement, a civil war, leading to the 
wanton destruction of the common property, the savage desola- 
tion of our beautiful country, and the certain perpetual separa- 
tion of the States, is more sad yet. For " war cannot be de- 
clared, nor a system of general hostilities carried on by the 
central government against a State without treating it as an 
alien and enemy, or actually expelling it from the Union ; for 
war never will form union, establish justice, insure domestic 
tranquillity, provide for the common defence, promote the 
general welfare and secure the blessings of liberty for our- 
selves and our posterity;" for war never makes friends, and 
confederations and alliances. 

From this rapid review of the secession question, it. should 
become clear to every impartial mind that the Southern States 
had better reasons for separation from the abolitionized, anti- 
federal Northern States, than the thirteen colonies had for 
parting with British rule. Sesession is the ultima ratio civium 
against a violent, unscrupulous faction in a confederacy. 

You will have observed, that the modern culture of mankind 
is intimately interwoven with the organization of States. In 
Europe, the mother of states, you find a great family of seventy- 
four, marked out on the maps, among them sixty confederates, 
viz. : thirty -five in Germany and twenty-five in Switzerland 
In America there are seventy -three colonies not counted, viz.: 
fifty-five confederates, as thirty-four in the United and Confe- 
derate States, and twenty-one in Mexico, eighteen are not con 

neous idea may do much harm. No government ever has closed the 
inland navigation on rivers or lakes to the riparians. It is rather in the 
patent interest of the Confederate States to improve the navigation as 
much as possible for their commercial benefit, while it is in the interest 
of the North-eastern States to build as many railroads as possible to 
draw the western trade from this river. The Danube, Elbe, Ehine, <fcc, 
are all open to navigation without regard to the different adjacent States. 
Even English and Dutch navigation companies use them. Duties may 
be raised, we have custom-houses already along this river ; but that has 
nothing to do with the navigation itself. " Aqua profiuens et mare sunt 
res communes." The Romans already declared the river and ocean 
navigation free. Let us have peace, and the Mississippi will be open at 
once to navigation as it ever has been. Mr. Lincoln's war proclamation 
of April 15, has shut it, nothing else. 



SI 6 SEPARATION OF THE UNITED STATES. 

federated. In these organizations we must search for the 
guarantee of a regular, rational progress of society, and mutual 
safety of persons and property. It will be sure if the idea 
pervades them, that their proper sphere and duty is but the 
realization of justice. "Unfortunately the practice of vulgar 
ambition and selfish passions, producing anarchy, war, and 
misery, prevails everywhere more than this idea and sound 
Christian doctrine. Still we must not despair. Justice being so 
indispensable for all, that, as you know from Don Quixote, even 
a band of robbers cannot get along without it, we must hope that, 
if reasoning will not, most certainly stern necessity will force 
the governments to become more faithful to their proper simple 
duties. Justice among individuals and States themselves 
cannot be realized without certain forms of comity, fairness 
and equity. As individuals are obliged, for their great benefit, 
to observe certain formalities in their social intercourse, so the 
States, however powerful they are, cannot avoid to treat each 
other according to certain laws or rules of equity and justice, 
or diplomatic etiquette. States change as everything else. 
New ones enter into the family circle of States, and old ones 
disappear from it. The great change brought about in the 
contact of mankind, by the immense progress of the mechanical 
arts in regard to intercourse, has not been without effect upon 
the States. It has increased the importance of diplomacy and 
established certain formalities, of which one is called the 
Recognition of States. The main question to decide here na- 
turally is : When is it a duty of the old States to recognize, 
on demand, a new one ? The diplomatic answer may be, when 
it is time to do it. But justice, and a due regard to the well- 
being of all the States, or rather of the people in general, will 
not be satisfied with that. Let us examine a few cases to make 
the matter clear. If a new State arises from a colonial de- 
pendency, the case of recognition is simple, because a colony 
is a State in embryo. It is neither a province, nor an integrate 
organic part of the mother State, but a distant settlement, en- 
titled to self-management of its public affairs as soon as its 
population makes it profitable and desirable. About the proper 
size of the State I have written before. In this instance, the re- 
cognition, if asked for, should be promptly granted, to nrevent 



SECESSION" A CHECK AGAINST SUBJECTION. 317 

undue oppression from the side of the mother State ; and, be- 
cause States, generally speaking, are much more useful for 
society at large than colonies. Our history has a long, sad 
chapter on this subject. That it required a seven years' war 
before we obtained the recognition as a member of the family 
of States is a stain upon the diplomacy of the age. The most 
simple prudential regard to the welfare of society and the law 
of mutuality, would have, by speedy recognition, prevented 
that unnecessary, useless war. The one we have at hand is 
still more unnecessary and useless. M. Thouvenel, Napoleon's 
minister of state, has called it imprudent. 

If, in consequence of a separation of confederate States, as 
in Germany, Switzerland, Mexico, or here, new States are 
knocking at the door of the older States for recognition, the 
case is also plain, but not so simple as that we spoke of, for 
here the older States should wait until the members of the 
confederation in question should have had a voice in the matter. 
Our own Congress has been petitioned on all sides to call a 
Convention of the States, to decide on the secession of the 
Southern States. It has refused it. In this instance the duty 
of recognizing promptly is clear. But, as long as such a Con- 
vention is sitting the recognition should be delayed, because it 
must be presumed that its object is reconciliation ; but, if the 
Convention is refused, it must be presumed that reconciliation 
is not desirable, and secession consented to, and carried out in 
a regular form and good faith. Thus, by prompt diplomatic 
action, commerce and industry may be prevented from being 
interrupted and molested by mere party malice, or lust of 
power, craving for war to the detriment of society. 

It is a sure sign of the imperfect state of the political art if 
changes in the forms of government are producing commercial 
and industrial disturbances, or crises. This imperfection of 
politics is still greater when such changes produce the shed- 
ding of one drop of blood. This the people in the United 
States should know best. If a mere personal change is pro- 
moted by revolt and force in a government, or in State affairs, 
as of late in Italy, then the recognition is still more compli- 
cated, and should require more time, to avoid the appearance 
of encouraging such violent changes. The right terminus mav 



318 SEPARATION OF THE UNITED STATES. 

be after the revolution and change lias been confirmed by a 
popular vote, or a new government accepted, as it happened in 
Italy. Then a longer delay of recognizing would only promote 
mischief, domestic trouble, intrigue upon the part of the ex- 
pelled rulers, and even anarchy and war, to the great injur} 
of society at large. 

If a new State rises by revolution or rebellion of subjects, 
as in Greece, Belgium, &c, then the diplomatic recognition 
requires still more considerate deliberation, because, in this 
instance, the relations of hereditary subjects are dissolved, 
which, to restore, the hereditary government must have time 
to try. The States might in such a case agree, that six months 
would be, in our steamboat, railroad, and telegraph time, sum- 
cient to quell an insurrection. If not, and the new State is 
duly organized, the recognition should be given in order to 
avoid civil war and its disastrous consequences to society at 
large ; because, it must then be assumed that the rebellion 
had its origin in well-founded dissatisfaction, and in ill-govern- 
ment or despotism. 

Of the formality of recognizing new members of our Con- 
federation I wrote before. The formality of recognition is im- 
portant, because, upon it depends another diplomatic formality 
and business — that of mediation, i. e., friendly interposition, 
to avoid anarchy and war, disturbing the general commercial 
and industrial relations. Of course, mediation without pre- 
vious recognition would be unbusiness-like and rather meddle- 
some. To refuse or delay the recognition of the Confederate 
States is against American public law and practice. In regard 
:o such cases, President Monroe has laid down, in his seventh 
message, to Congress, the following rule : " Our policy in re- 
gard to Europe is, not to interfere in the internal concerns of 
one of its powers ; to consider the government de facto as the legi- 
slate government for us ; to leave the parties to themselves, 
in the hope that other powers will pursue the same course" 

This eminently just and wise policy has been, not only by all 
writers on the laws of nations favorably recommended, but, 
indeed, adopted by most States, and acted upon invariably by 
our government. Now have not, under these circumstances, 
the Confederate States a good right to be treated by the United 



MACCHIAYELLI. . 319 

States and other States accordingly ? In regard to the quality 
of a government de facto or de jure, "both confederations are 
alike. Both are democracies, and, therefore, elected and ap- 
pointed under a regularly established constitution. Whether 
they are engaged in war or not, should not have the least in- 
fluence upon the recognition abroad. What harm has it done 
that President Pierce recognized William Walker's ephemeral 
government in Nicaragua, or that we promptly recognized the 
new King of Italy, although his new kingdom is still in an 
unsettled state ? The States should, therefore, recognize 
promptly the Confederate States, and, if asked for, offer their 
mediation cheerfully, to help to arrest a disastrous civil war in 
a country so closely related to all nations by emigration. 
Each battle will spread dismay over all countries. Every- 
where hearts are beating, of fathers and mothers, and brothers 
and sisters, for those arrayed in our bloody fights. This theory 
of State recognition is also supported by MacchiaTjelli, (see p. 
198,) where he says : "A prince, (a government,) is to have a 
care, in all his actions, to behave himself so as to give himself 
the reputation of being excellent as well as great. He is like- 
wise much esteemed when he shows himself a sincere friend 
or a generous enemy — instead of standing neuter.''' Here is 
some work for a democratic emperor ! 

The foreign governments well know that, at present, a recon- 
ciliation is out of question, and that to recognition it will come. 
To stand aloof in a violently neutral position, even disregard- 
ing the sufferings of their subjects, savors of a policy which, 
like Mephistopheles, enjoys the war, because it cripples a re- 
public, and impoverishes an enterprizing people, competing 
naturally with the industry, commerce and navigation of other 
nations. But a poor, ruined people are bad customers 
Nemesis never slumbers. 

I write of recognition according to American usage and law, 
not of intervention, (the Russian between Austria and Hun- 
gary.) This, either moral or direct, is always censurable, and 
does not result from recognition. The foreign governments 
must now also well know that the — union — war is nothing but 
an abolition war, making a re-union impossible. Abolition 
war ! Why, you will ask, is it not a Union war ? Is it possi- 



320 SEPARATION" OF THE UNITED STATES. 

ble that the people in all the Northern States should be mis- 
taken in this war ? .It is so, alas ! This war is certainly and 
purposely an abolition war, nothing else. That Union impulse 
which made the 7 good people fly to arms was spurious knight- 
errantry. I wrote much on a genuine Union impulse. This 
abolition war is a radical disunion war, widening the breach made 
by the abolitionists between the Southern and Northern States, 
to a permanent chasm. It is carried on according to the clear 
programme laid down on the floor of Congress, in the presence 
of the legislative members of the whole United States, by the 
late Ex-President. John Quincy Adams, of Massachusetts, & 
highly exalted abolitionist. It reads thus : 

" I lay this down as the law of nations : I say the military authority 
takes, for the time, the place of all municipal institutions, slavery among 
the rest. Under that state of things, so far from its being true that th: 
States whei"e slavery exists have the exclusive management of the sub 
ject, not only^the President of the United States, but the commander of 
the army has the power to order the universal emancipation of tho 
slaves. 

"From the instant that your slaveholding States become the theatre of 
war, civil, servile, or foreign, from that instant, the war powers of Con- 
gress extend to interference with the institution of slavery, in every way 
in which it can be interfered with — from a claim of indemnity for slaves 
taken or destroyed, to the cession of the State burdened with slavery to 
a foreign power. 

" If civil war come, if insurrection come, is this beleagured Capital, 
this besieged Government to see millions of its subjects in arms, an<s 
have no right to break the fetters which they are forging into swords? 
No ! The war power of the Government can sweep this institution into 
the Gulf." 

This is the Puritan-Tamerlane Vandalism-Platform upon which 
this abolition war is fought. It comes from the North. Please 
compare it with the platform of the old Thirteen, the declara- 
tion of independence, upon which the war of the revolution was 
fought. This comes from the North and South. What difference 
between our time and that ! The Philadelphia-Chicago plat 
form, foreshadowed in the Yan Buren Buffalo platform, th( 
election of a sectional abolition president, the secession, tl 
Fort Sumter intrigue, that ominous flagshot, the war-message, 
of the president, his uncalled for emancipation-movement, the 
discarding and suspension of the constitution to make room 



MONSTER CRIME OF THE AGE. 321 

for the war power of the Massachusetts school of higher law 
politics, the arbitrary arrests, the treating- of a legitimate act 
of state-sovereignty as a rebellion of common subjects, the ordei 
of the president not to return run-away negroes to their mas 
ters, the contraband doctrine in regard to them, the new-fangled 
loyalty doctrine, &c. &c, are the offsprings of this platform 
It leads to monarchy. Business is king, the main business cf 
princes is war, nothing but war. (See page 195.) The pretext 
of this war is : preservation of the Union. But the originators 
of this war know perfectly well, that this pretext is false, and 
that a war for Union is, to say the least, a contradiction in it- 
self. Ti his platform explains our situation. Abolition has been 
tried for thirty years by petitions, opposing constitutiona. 
laws, denouncing the constitution in unmeasured terms, anti- 
slavery associations, newspapers, preaching, splitting churches 
stirring up servile rebellions, inducing servants to disobe- 
dience, with no good success whatever. War was alone left tc 
finish the work of the fanatics. To declare it by Congress, 
was impracticable. It would expose the intrigue, it would 
have alienated the so-called conservative men in the North 
from the war. A new law of nations- — a higher law than the 
Constitution — was required for the abolition war. Mr. Adams 
invented it, and laid it down in Congress. Mr. Lincoln is car- 
rying it out. It is unnecessary to add that no such law exists, 
and that the war, blockade, and all the president has done so 
far, is unconstitutional. 

This war is the Monster State Crime of the age, because it 
gives the lie to our state origin, our history, and our constitu- 
tional system. It is political suicide. The modern coups 
d'etat of European princes are mere peccadillos compared 
with it. 

In two of the largest states, Russia and the United States 
important changes are produced at this time by the interference 
of governments with private labor relations. The emancipation 
of the serfs shakes, as you may have noticed, the foundations 
of the Russian empire. The abolition agitation adopted by th 
government here has split the Confederation. You may ye 
see the time when the Russian empire may, from this cause, 
also be dismembered, because it places the powerful and nu- 



322 SEPARATION OF THE UNITED STATES. 

merous nobles in conflict with the throne, leads to plotting ano 
conspiring, demoralizes the army, and introduces into the vast 
empire a new democratic element, entirely hostile to its present 
organization. I have in Letter XXXI., Part I., occasionally 
spoken of our domestic labor affairs, but believe that the fol 
lowing few remarks will shed still more light on this most im 
portant subject, concerning us all and all countries. The bettei 
it is understood, the less ruin will the abolition war produce 
I have, in my Letters, made use of the usual designations of 
the relations in question, as : slave-, or bond or bound labor 
and free labor. You may as well substitute for free labor — - 
hired labor, and for bound or slave labor — properly labor, for 
the following plain reasons. Look at society, and you will find 
that there are but two kinds of labor used since the beginning 
of it for its support, viz. : property labor and hired labor. 
Think of our Indians who live still in the primitive savage 
period of our race, through which all men have passed ' They 
acquire the means of subsistence, constituting their property, 
by their own unpaid or unhired labor, therefore aptly called 
pro}derty labor. Fishing, hunting, gathering wild fruits, steal- 
ing, is their main industry. In some parts of Asia, in Africa, 
and on the islands of the Oceans are still millions of men living 
in the same manner. It has been so also in Europe. Gradually, 
by the necessities of bartering, trading, building, &c, hired 
labor has been made use of to assist in travelling, transporting, 
&c. From this, it follows that property labor was the rule, and 
hired labor the exception. It is so still. What labor is per- 
formed by the parents for the family, and by children for the 
parents, is not hired, but property labor By it, chiefly, the 
farmer and his family exist. Property labor has been naturally 
everywhere extended over persons not strictly members of the 
family, still attached entirely to, and depending exclusively 
upon it. This extended labor takes place in the Southern states ; 
there the negro, best adapted by nature to it, is used as such a 
property laborer. He works, like the members of the family, 
not for a stipulated price and certain time, as hired laborers 
do, and is, like all members of the household, supported through 
life according to his station and condition. It is self-evident, 
that this negro property labor is more expensive and onerous 



HIRED LABOR. 323 

for the proprietor than hired labor, and will disappear of it- 
self if it can be supplanted by hired labor ; farther, that hired 
labor makes very rich and very poor men, and property labor 
neither. The reason of that is : property labor is natural, hired 
labor artificial ; and that the first is depending upon domestic 
wants, tastes, usages, habits, and is encircled by kindness and 
virtues, while the hired labor is exclusively a product of cal- 
culation. He who employs hired labor will, naturally, try to get 
the best work and as much of it, in as short a time, for as little 
pay as possible. Hired domestic labor comes, in moral regard, 
nearer to property labor. Competition, market, chance are 
positively in favor of the hired labor employer. Trades unions, 
strikes, and emigration, may be in favor of the hired laborer, 
but only very relatively. He who works with property laborers 
will, naturally, try to keep them in working order as long as 
possible, and, therefore, use their labor force sparingly, pru- 
dently, kindly. But this is also the cause that things done by 
property labor, generally, are never so finished as hired labor 
work. It has been, therefore, often pertly noticed by European 
and Northern travellers, that the negro property labor in the 
South is more favorable for the blacks than for the whites, and 
hence the little sympathy of the first with abolitionism. — The 
extremes of both kinds of labor meet each other. The savage 
Indians often starve for want of food, especially if polygamy 
can not prevent it, for the Indian keeps a harem to make women 
work for him ; and the hired laborers in large civilized towns 
would often perish if not timely supported by private or political 
charity, when ruined and broken down by over-labor. The 
negro property laborers are exempt from those extremes. Be- 
fore they starve, their masters must perish ; they always have 
a home and their board, medical attendance and good care. 

One may call the negro property labor slavery, but the negro 
himself will not do it. This word is used in a bad and good 
sense. Property labor of all kinds may be abused. Also hired 
labor is subject to great abuse. Some men have an irresistible 
prejudice against property labor, preferring under all circum- 
stances hired labor. They hire their meals, their bed, their 
laundresses, seamstresses, and mistresses. Such singularly 
constituted men pass under the soubriquet — bachelors. 



324 SEPARATION OF THE UNITED STATES. 

By property labor, the bulk of labor on which society de 
pends, is performed, of which an immense share falls to the lot 
of woman. Her activity in domestic duties never rests. How 
much this immense labor be worth, I cannot say. 1 ^ In no cen- 
sus, in no statistical work has it been ascertained. Dr. Adam 
Smith, in his celebrated work on The Wealth of Nations, does 
not mention it. Investigations in this direction would have 
shown that a mother, without hired assistance, surrounded by 
a number of children and bound to care for the household, is, 
in the true sense of the word, enslaved and more so than any 
one of the four millions negro property laborers in the South. 
That the political economists never paid any attention to this 
kind of labor and treated exclusively of hired labor, although 
a mere suppletory thing, is the cause of the many grievous 
errors about property labor. 

Hired labor may be called free labor, because a man may 
change occupations. Still forced to work he is, if he will not 
starve. There is no freedom of labor, not much real liberty in 
such a forced condition. Every man, kings and emperors not 
excepted, is a property laborer, but not every one is a hired 
laborer; no regular farmer is ever a hired laborer, and, there- 
fore, the most independent man. Errors about those labor 
relations have caused the breaking up of this great and beauti 

* Some light may be shed upon this subject by the practice of the 
Courts in cases of damages, if, by carelessness, limbs and life are jeo- 
parded. They admit not only a right to it to the injured persons, but 
also to those who suffer by culpose homicide. A report circulated lately 
that a husband recovered $10,000 damages from a railroad company for 
the loss of his wife by the carelessness of the railroad people. This claim 
would only be justly, based upon the property labor due to him and the 
family by the lost wife. Suppose, she was the mother of four children 
of 3, 5, 7, 12 years of age respectively, and besides bound to attend to 
housekeeping without help, and the Court allowed $400 for the education 
of those children per year, and $300 for housekeeping, representing to- 
gether the interest of $10,000, then this sum would be the value of the 
property labor of the lost wife. Hence it follows that in such instances 
the damages will be ruled by the value of property labor ; further, that 
our government is bound to indemnify the South for every loss caused by 
the army in the property labor interest, or the liberation of property 
laborers, under our constitution and according to the practice of oui 
Courts and the general principles of justice. Fiat justi*ia s vereat. intimitis 



EFFECT OF HIKED LABOR IN THE NORTH. 325 

ful Confederation and lamentable divisions in the Church. If 
there would be an irresistible conflict between property and 
hired labor, the merchant prince, who is busy with his clerks in 
his office, would be constantly at logger-heads with them, be- 
cause these are hired laborers, while he is a property laborer 
and so with ladies and their domestics. I never heard of such 
a conflict, except in stump speeches. 

In our super-abundance of natural wealth, we had an excellent 
chance of trying republicanism in the most Southern states (the 
cotton states) without hired votes, because this class of laborers, 
who sell their votes in the Northern states (they would do the 
same everywhere if they possessed the privilege) are naturally 
excluded from the polls, in consequence of which some- 
thing like a family suffrage takes place there, of which I 
often wrote in my Letters. For scientific reasons a fair trial 
should be given to this experiment. The fanatics spoil 
every thing and have made their aberrations still worse by de- 
nouncing negro property labor as a sin. If this were true, 
then human society has been drifting along through uncounted 
ages with the help of sinful labor, and is in all eternity doomed 
to live by and upon sin labor; for property labor, with or with- 
out negroes, will remain forever the main staff of life. This is 
the law of nature. 

That people in our Northern states are richer than those in 
the South, is owing to the sharply-calculated hired labor pre- 
valent there. But it is also the cause that the seventeenth man 
in the state of New York is supported by public alms, — an un- 
natural state of society, unknown in the South, and that in a 
Northern state one pays five dollars, while in Georgia one pays 
only twelve shillings for state, county and town taxes. Why 
not let well enough alone ? 

Neutrality or peace is the rule, war the exception. Justice 
requires that fighting governments should be limited to the ut- 
most in their most dangerous, most demoralizing activity, that 
they may disturb peaceful and neutral men as little as possible ; 
for it is impossible to avoid this entirely. By our abolition war, 
Europe almost suffers as much as we. The state of war is, if 
not for both parties, most certainly always for one, and for 
society in general, disgraceful, just as rioting on the streets 



326 SEPARATION OF THE UNITED STATES. 

brings little honor ; for even unreasonable men well know that 
all fighting must come to an end by reasoning. It is, no doubt, 
prudent to keep aloof from belligerents and rowdies. Still, in 
consequence of the innocent victims in wars, and from reasons 
of humanity, certain rules in regard to neutrals have been laid 
down, in regard to blockades, contrabands, neutral skips, and 
cruisers, of which the following concern the search of neutral 
vessels on the sea. They are : " The cruiser wishing to visit 
a neutral ship shall not approach the same nearer than cannon 
shot distance; that he announces by a blank shot his intention 
to visit the neutral ship which has thereupon to stop; that he 
sends a boat with an officer and not more than two men to the 
ship who have to limit the search to the examination of-the 
passport or sea papers, except in case of grave doubts about the 
cargo and intentions of the ship; that in case of seizure he shall 
not touch or remove any person or thing on board, but content 
himself to bring the ship as it is to the nearest port or harbor 
of his country to be there judged by the court of admiralty or 
prizes!!" You may now judge for yourselves whether the Eng- 
lish mail-steamer Tre?it*was lately visited by Commander Wilkes 
according to these just and fair rules or not ; whether he could 
legally arrest passengers on board of this vessel, and whether 
Congress was right to vote him thanks, or our government en- 
titled to imprison those persons until claimed, at the point of 
war, by Great Britain. 

In regard to blockading, i. e. the extension of war over com- 
merce, there is an understanding, in conformity with the prac- 
tice of the United States, since their origin, that it shall be 
effective, viz., formed by regular men-of-war ships, stationed 
close enough to each other that it is impossible to enter the har- 
bor without exposing the vessels to the fire of the blockading 
ships, and that it is notified to the neutrals. In this war the 
United States government fictions that the Confederate States 
still form a part of the former. If this fiction is true (I beg to 
pardon this contradiction) then the blockade is unconstitutional 
because the constitution prohibits the giving a preference to the 
ports of one state over those of another, and, moreover, a 
simple order of the executive would be sufficient to punish the 
guilty in the South. 



DR. -FRKNKLm. 327 

What shall be deemed contraband of war depends much upon 
the belligerents to determine. But it is generally admitted 
that the furnishing of arms and ammunition for armios and 
navies shall be contraband, and the common commerce free 
Very sensibly our government has proposed in 1856 to abolish 
the whole contraband doctrine. In our unfortunate war tho 
question again arises whether domesticated servants are contra- 
band ? The Americans bitterly complained that the English 
meddled with their negroes in the revolutionary war. The 
answer should be that laborers, either hired or property 
laborers, depend with us, in regard to their status, entirely 
upon the municipal laws of the states wherein they live. If 
these are still a part of the United States, they are such in con- 
sequence of the federal constitution. This law contains not 
the least power to interfere in times of war or peace with those 
relations of laborers, or other domestic affairs. If the Con- 
federate States are separated from the United States, then the 
general maxims or laws of nations are applicable to this case. 
I know since 1806 states in Europe which have been repeated- 
ly conquered, but have never seen that the conqueror inter- 
fered in the least with the station of domestics, or laborers, or 
husbands and wives, or with the rights of nobles or estates to 
services of subjects. When Napoleon made war against Russia, 
he was instigated to declare the serfs free, in order to injure 
his enemy. He refused to do it, probably guided by the same 
sense of justice of which Dr. Franklin possessed such a great 
share, as shown in the following letter of July 10, 1782. " By 
the original law of nations, war and extirpation was the punish- 
ment of injury. Humanizing by degrees, it admitted slavery 
instead of death. A farther step was the exchange of prisoners 
instead of slavery. Another, to respect more the property of 
private persons under conquest, and to be content with acquired 
dominion. Why should not the law of nations go on improving? 
Ages have intervened between its several steps; but as know- 
ledge of late increases rapidly, why should not those steps be 
quickened ? Why should it not be agreed to, as the future law 
of nations, that in any war hereafter the following descriptions 
of men should be undisturbed., have the protection of both 
sides, and be permitted to follow their employments in security; 



328 SEPARATION OF THE UNITED STATES. 

viz., 1 Cultivators of the earth, because they labor for the sub 
sistence of mankind. (This would include, of course, all hired 
or property laborers). 2. Fishermen, for the same reason. 3 
Merchants and traders, in unarmed ships, who accommodate 
different nations by communicating and exchanging the neces* 
saries and conveniences of life. 4. Artists and mechanics, in- 
habiting and working in opeii towns. It is hardly necessary to 
add that the hospitals of enemies should be unmolested ; they 
ought to be assisted. In short, I loould have nobody fought 
with, but those ivho are paid {hired) for fighting. If obliged 
to take corn from the farmer, friend or enemy, I would pay him 
for it ; the same for the fish or goods of the others. — This ones 
established, that encouragement of war which arises from a 
spirit of rapine would be taken away, and peace, therefore, 
more likely to continue and be lasting." — This letter was written 
to Benjamin Vaughan, one of those noble Englishmen who op- 
posed the war of England against the colonies, on the same 
ground I take against our civil war. Franklin was then a rank 
rebel and arch secessionist, as the opponents of this war are 
here stigmatized. Against him were levelled the shafts of the 
By-the-Grace-of-Grod royalists, loyalists, divine kingskraft 
priests, pamphletists, scribes, and pharisees of the United 
Kingdom, for his belief in the rights of men to regulate their 
governments according to their wants and wishes. The same 
persecutions and scandalous barbarities reported from the time 
of the revolutionary war are faithfully re-enacted in our country. 
What Franklin says of the terrorism of the English tory govern- 
ment, applies literally to ours. There is nothing new under 
the sun. 

The cruisers of the Confederate States are entitled to the same 
treatment as those of other states, ours included. If those are 
pirates, as our government maintains, then are our soldiers 
nothing better. After the neutrals have recognized our fighting 
halves as belligerents, this policy is of no consequence in this 
respect. But if a cruiser of the Confederate States be captured 
by our ships of war, the case is different. The Courts will either 
admit the constitutionality of our President's policy or not. The 
Lord Chancellor of England has termed it simple murder to treat 
tli )5 e cruisers as pirates, and Mr. Hautefeuille says : " La nro- 



ABOLITION AND ANTI- ABOLITION PARTIES. 329 

ilamation du president Lincoln, en ce qui eoncerne le traite- 
rnent qu'il veut faire appliquer aux corsaires du sud, est com- 
pletement contraire aux regies les plus simples du droit des 

gens." 

I add a few remarks on the present state of the parties in 
this distracted country. The passive lookers-on who wait until 
the war storm is over, before they act, if they act at all, may 
be against the war, and, consequently, in favor of peace, but 
they form no party, and, therefore, can not come in account here. 
All the rest are for the abolition war, and form one party — 
many of them without being aware of it, — represented by the 
government, flag, press, diplomacy, army, navy, and the whole 
civil patronage of the government. This is the only real party 
in the North. Distinctions between democrats (soft and hard), 
republicans (black and white), abolitionists (white and black), 
are — at present — useless, because they are all melted into one 
great party, — the abolition icar party. The reaction of it is in 
the South the anti-abolition yarty, similarly represented by 
the government. These two great parties, like day and night, 
are eternal antagonists. If their pros and contras shall be de- 
cided by the sword — an utter impossibility — they will and must 
fight until entirely prostrated and exhausted. History has an 
example of such a war full of warning, namely, the Thirty 
Years' War in Germany, between the Catholics and Anti-Ca- 
tholics, or Heretics, Protestants, of which the Forty-Four 
Years' Religious War of the Netherlands is a sequel. They 
formed there two parties, represented by the governments, and 
entirely separated by opposite opinions, as they remain at the 
present day. Catholics and Anti-Catholics icill exist forever 
in such a condition, until truth, nothing else, produces re-union 
and sweeps away the causes of the schism, viz., fanatical super- 
stition, arrogance, and intolerance on both sides. This Thirty 
Years' War came to its end by the total exhaustion of Germany 
and the fighting powers. Many villages disappeared from the 
maps, many cities never recovered from the terrible effects of 
this war. Fanaticism, arrogance, and intolerance are the main 
sources of our civil war. Not the sword, but only truth can 
bring help. The truth is in our Constitution. It has been 
suspended to make room for fanatic, arrogant, intolerant aboli- 



330 SEPARATION OF THE UNITED STATES. 

tionism. The terrible effects of this war will be like those 
recorded b} r the historians of the Thirty Years' War. I have 
wandered over the " Marken " where stood populous villages 
before this war broke out. In such a war are but defeats. 
Every true citizen must deplore the Bull Run fight, as much 
as the Donelson fight. The atrociously-duped good people are 
plundered by the designing men of all parties. 

The government of the Confederate States has.acted entirely 
on the defensive, and reiteratedly declared that all the people 
wish, is to be left alone. Will not the sectional and entirely 
abolitionized North be so kind and courteous as to grant this 
very reasonable prayer ? 

I have humbly tried to prevent this catastrophe. Having 
failed in it, I humbly try now to mitigate the horrors of this 
fratricidal war, by examining its real causes and exposing its 
certain effects. It is a duty I perform which every good citizen 
owes to his country. Do not misunderstand me. I am no 
milk and water peace man. I have, a mere stripling, fought 
for the deliverance of Germany from the grasp of Napoleon I. ; 
I am ready to fight twice seven years for independence, like 
Washington and his compatriots, but not one minute against 
those who wish to live alone in peace, under their own govern 
nent, as the Confederate States, 

P. S. — I add a few concluding remarks, of historical inte- 
rest, on this book. It has been written and published, through- 
out, advisedly. From this literary intercourse a correspondence 
sprung up, of which the following letter is laid before the 
readers. 

New York, April 10, 18G2. 

" "When President Lincoln issued his proclamation calling for troops 
to re-establish and maintain the federal authority within the States which 
had repudiated it, and the North responded assentingly, I deemed the 
struggle of life ended. All hope of a re-union deserted me, and I deemed 
our once glorious Union a thing of the past. 

" Since that time I have neither said nor done anything intended to 
influence the destructive and irresistible tide sweeping by me. I have 
felt that to do good, I was powerless ; to do evil, I was not inclined. 

" Each day brings news of some gallant conflict, in which every vic- 
tim was an American by birth or adoption ; some glorious victory, ia 
which every foe that fell, or suffered wounds, or passed into bondage* 
was alike an American. 



ABOLITION AND ANTI- ABOLITION PARTIES. 331 

" "We are regaled from time to time with displays of heroism : but in 
every display, we see, it is over our own countrymen. Our passions are 
Bought to be inflamed by disgusting details of meanness, cowardice, and 
brutality — fabricated, we may hope — but in each the actors were Ameri 
cans. 

"The sun of the republic has gone down in blood. By the sacrifice 
of its people, by the loss of its wealth, by the desolation of its territory, 
by the involvement of its future generations —could we contemplate it as 
having a future at all — in an unendurable load of debt, and by the bit- 
terly irreconcileable mutual hatreds between its sections, necessarily en- 
gendered in the existing war, that which was the republic has becom( 
unfit to be united under one government. 

" The despair which at first was in some degree the result of emotion, 
in which, perhaps, the feelings or moral sentiments had some part, is 
now, upon actual existing facts, the settled conviction of my judgment. 

" Though faith in the adequacy of our system to accomplish the ends 
it proposes, has well nigh, if not wholly deserted me ; though hope in 
its re-establishment is extinguished, I have yet some charity for my fel- 
low-creatures. Any one whose pen or tongue is employed to stay blood- 
shedding, has my good wishes, and if any pecuniary aid reasonably with- 
in my power be asked for promoting that end by honest means, I shall 
not be found unwilling to contribute." — 

Those lines betray the hand of a master and excellent patriot. 
He has been a generous friend to the Municipalist. Of this 
book there have been drawn from the plates about sixteen hun- 
dred copies ; about a thousand copies have been distributed, 
four hundred have been disposed of by subscribers and others, 
and about two hundred remain on hand. In spite of repeated 
advertising not twenty-five copies have been sold by the trade 
in three years. The costs are one thousand dollars. If one 
will take the trouble to compare this amount of the sale of a 
thorough Union book, with the published statements about the 
immense sale of Helper's Impending Crisis, a thorough dis- 
union book, he must come to the conclusion that the public has 
no taste for Union. In which direction it has changed we may 
learn from the opinion of the Independent on this Union book : 

" This work is published anonymous. The author inscribes it to his 
children and the rising generation. "We trust that none of the latter will 
ever read it, and we are sorry for the children who receive such instruc- 
tion, from a parent. The essential vice of the book is, that it loses no 
< pportunity to apologize for legislation in favor of slavery and to scout 
at the higher law. The fewer citizens we have trained after this fashion 
the better the hopes and the higher the destinies of the Republic." 



332 SEPARATION OF THE UNITED STATES. 

What means this, but that our Republic, as it is established 
by the Constitution, is past and gone ; that it is not worth while 
to study this organic law, and that the less the people know 
about it the better ? Those who have read the book know that 
the criticism is not true. My opinion is this moment, that it 
would be the best for the negroes if never a law-maker had 
troubled himself about them. (See Letter XXII., Part II., 
&c.) I consider the Constitution as the supreme law, and no 
other. (See p. 129.) There is no scouting in this opinion. 

The disunion Indepe?ident is now a government organ, and 
prospers greatly, its circulation having increased, according to 
its own confession, at the rate of four thousand subscribers 
per month of late ; while Union literature is a dead loss, dis- 
union papers and books are doing well. To write for the Union 
the Municipalise caused its unfortunate author a loss of over 
six hundred dollars ; to fight for the Union, costs the sick man, 
Uncle Sam, over six hundred million dollars. These are 
weighty facts for sober reflection. Schiller said : " Show me 
your gods and I'll tell you what men you are." This sentence, 
applied to us, should read : "Show me your newspapers and 
I'll tell you all about you." The Municipalist joins hands with 
the Federalist. The main difference between both is, that the 
Federalist was the first and the Municipalist is the last of the 
Union books. Both compilations encompass the Rise and 
Downfall of the Great Republic. Yes, we have ceased to train 
the citizens after the fashion of the Father of this Republic ; 
Congress seems to comprehend the immense error, and tries to 
remedy the evil, and begins now to appreciate the Farewell 
Address, and have it printed too, at public expense. It is in 
this book, and placed, moreover, parallel with Macchiavelli's 
Prince!! But will Congress be able to improve that disunion 
taste of the public, especially if Congress itself has no taste 
for the Constitution, and its preservation and execution ? 
Alas ' it is too late ! The higher law men have laid us low 
General bankruptcy stares us in the face ; a little while longer 
and we will be unable to extricate ourselves from the bottom- 
less abyss into which those higher destiny men have plunged 
the people. The vulgar daily press, to be readable, will always 
follow the taste of the masses. This is natural. It is now 



FOUR CRISIS LETTERS. 333 

unanimous for fratricidal tear, i. e., disunion. There must 
be books for training and studying. Should not, at present, 
Christian men and their books try to stay this terrible, useless 
war ? Where are our Burkes, Chathams, Shipleys, (Bishop of 
St. Asaph) ? Would they, and their friend Benjamin Franklin, 
now counsel civil war, that they opposed ninety years ago 
against a powerful government? 

This book gains ground only among the better class by the 
aid of patriotic citizens. The utter impossibility to dispose of 
it by the trade constrains its author to throw off anonymity, 
that orders may reach him. The price is one dollar per copy, 
in quantities less. 

M. A. RlCHTER. 

Brooklyn, April 15, 1862. 



ggpitM* A. 
FOUR CRISIS LETTERS* TO THE LADIES. 



NUMBER ONE. 

That the present crisis originates with Domestic Affairs is 
obvious. A close investigation of them shows that about one 
Qundred cases concerning bond negro nurses and chamber- 
maids, or servants, are the sole cause, that the existence of our 
powerful government is in jeopardy. This seems to be in- 
credible ; still it is true. It is further obvious that this cala- 
mity can be only averted by the intercession or mediation of 
American women; and this may appear also incredible; but 
is nevertheless true. The reason is that without this inter 
cession the case never will be dispassionately and minutely 
sifted. Ladies and mothers of families will consider the case 
from a strict domestic view, because they understand the do- 
mestic institutions and affairs best, while the politicians con- 
sider the case from a political view — the only one they know — 
which is here the wrong one, and will fail. Ladies will deal 



334 SEPARATION OF THE UNITED STATES. 

with the servants in question, while gentlemen deal with gene- 
ralities and abstractions 

We say that about one hundred cases concerning bond ser- 
vants are at the bottom of a crisis, which by many is described 
as one of the most disastrous crises we ever witnessed. If the 
ladies can terminate it, they should try to earn the merit. Our 
Union is the first best we have. Now how is that? 

There sue three sides of this bond servant trouble. One is, 
that some Northern States have enacted laws which declare 
that all bond servants brought, under whatever pretence, from 
the South to the North, shall be free. (The New-York State 
law is contained in part 1, chapter xx, title 7, section 1, of the 
Stat.) 

When can such a law be operative ? This question will con- 
cern, above all, the ladies. They well know that they, espe- 
cially, are, when travelling North in search of health, perhaps 
accompanied by children, obliged to stay for awhile at Saratoga 
or Newport, or other towns, and in need of their own trusty 
nurses, and this is a part of domestic comfort only duly appre* 
ciated by ladies. The pleasure seekers do not burden them- 
selves with such appendages. Now suppose that, as the feel- 
ings North are about such servants, twenty-five such cases 
happen annually ; then we get for this kind of laws, in this 
great nation of thirty-two millions, about twenty cases to ope- 
rate upon, and to expose those poor travelling ladies or families 
to the loss of their trusty nurses, either by the direct action of 
those laws, if gentlemen (!) should be found to execute them, 
or by their indirect influence upon mobs, who act as executors. 
We say again, that nobody but ladies, mothers of families, 
housekeepers, can appreciate this domestic affair well; those 
South feel it mostly, and those North know the value of trusty 
nurses alone. Well known circumstances connected with the 
late Presidential election, now entirely concluded — we have 
delayed the publication of these letters so long — have given 
vent to the irritated feelings of our Southern friends, which 
run so high that they rather will secede from the Union than 
submit to such unchivalrous laws in this Union longer. Ladies, 
of course, will not trouble themselves with the constitutionality 
of such laws, they only will consider them from a charitable 



FOUR CRISIS LETTERS. 335 

md humane view; and if they will find out that they are im- 
proper, and that it is absurd to disturb the peace of the country 
on account of twenty-five bond nurses, more or less, a word 
from them, at the right time, and to the right men, and these 
obnoxious laws will be repealed. According to all aspects, 
the incoming administration will be impossible, if this should 
not happen without delay. 

JTD^^TBES TWO. 

The ladies will be so kind as to examine, in their own prac- 
tical careful manner, another domestic affair, which has caused 
for years much irritation, and riots and bloodshed, and is a 
principal cause of the present calamitous crisis. A supposed 
case will explain the matter easiest. A planter in Georgia 
has a son, who wishes to establish himself, say as surveyor, in 
one of our territories. He has a young wife, who is perfectly 
willing to follow him into the wilderness, provided she can take 
her own faithful old bond servant nurse with her, both being 
attached sincerely to each other. But, according to the creed 
or platform of a certain party, even armed for the purpose of 
carrying out that creed, it cannot be done. Now, how many 
such bond servant or nurse cases may probably occur in all 
the territories ? Perhaps not more than twenty -five, not count- 
ing such cases where bond servants may have been thrust into 
territories (as in Kansas may have happened) for political party 
purposes, because no good bond servant will, under prevailing- 
circumstances, be brought voluntarily into a territory, for fear 
:>f losing him, as may be easily imagined. No planter will re- 
move a bond man from the cotton, rice, or tobacco fields South, 
to the potato fields out West! It would not pay, as the homely 
phrase is. It is further obvious, that unmarried men emigrat- 
ing to territories, will dispense with servants. Thus the bur 
den of this opposition of, and political meddling with, simple, 
domestic, housekeeping affairs, must again fall upon families 
and especially poor women. Our Southern friends complain 
of it bitterly, and make it— ras all papers are announcing daily — 
oven a cause for secession from the Union. 

Thus the ladies will see again, that a few harmless chamber- 
maids or nursery cases, affecting their comfort, and discom- 



•336 SEPARATION OF THE UNITED STATES. 

forting nobody in the world, and which are rather calculated to 
promote the speedy settlement of the wild land by families, the 
most desirable for civilization, commerce, or industry — that a 
few bond chambermaids, we say, are again the cause that this 
grand confederation, the wonder of the world, is about to be 
broken up, and at the verge of civil war and general bank- 
ruptcy. It is incredible, but, alas! too true! 

Similar triflings have before brought ruin to republics and 
empires. That little Belgium has been separated from the 
Netherlands, is owing to a trifling arbitrary toll levied on oxen, 
brought by the drovers to Brussels. The drovers resisted; 
the populace, already excited by priests and demagogues against 
Holland, joined them; a general upheaving and war followed; 
and, after a tedious, ruinous crisis, Belgium was separated and 
organized as a kingdom. Both insignificant states are now at 
the mercy of their powerful neighbors. Bo we intend to imi- 
tate that Dutch oxen revolution? Our fair readers know the 
history of the American Revolution too well, to be in need of 
reminding them of its proximate cause, a trifling, but arbitrary 
tax. Shall we split our Union on account of a few domestics, 
bond or not bond — the like have existed since centuries in the 
land ? Shall thirty-two millions of people be plunged in misery, 
and God knows what calamities, for that reason ? 

Is there anything arbitrary or unjust in the case of the sur- 
veyor's lady mentioned before? Is not the bond nurse, in a 
common territory of the States, as legitimate a nurse as in a 
single State ? Is it not folly to interfere with such transient 
domestic things 1 The American ladies know their domestic 
rights and privileges well ; they cannot be passive lookers on in 
such things and times. They are called upon by all that is dear 
to them in their homes, to use their influence so omnipotent in do- 
mestic affairs to make an end of that unpractical, useless, galling 
and withal unconstitutional free soil, abolitionist opposition in 
territories. If this intercession should not be successful, an 
impossible thing if well done, the new administration will never 
come in working order, and the confederation among the thing? 
that were. 



FOUR CRISIS LETTERS. 337 



NUMBER THREE. 

"We arrive now at the most prolific cause of a deep dissatis- 
faction of the South with the North, viz : the great organized 
opposition North against the execution of that clause of the 
Federal Constitution, which ordains that the fugitives from labor 
shall be restored to their masters when claimed. Honest, re- 
ligious, good citizens, invariably are such who obey the laws. 
The law in question is a self-necessity. No confederation like 
ours can be without one. Even the mere apology of such a con- 
federate government, viz: the venerable Puritan- United 
Colonies of New England, (Massachusetts, New Plymouth, 
Connecticut and New Haven,) established in 1643, had one 
almost literally like that prescribed in the Federal Constitution. 
And if this Constitution should not contain it, all our courts 
applied to for the restitution of fugitives from labor, whether 
bondmen, or sailors or others, are bound by the general prin- 
ciples of justice in a confederation to grant the application. 
Our governments are not appointed to break private obligations, 
but to realize, if called upon, their fulfilment. It is impossible 
to ascertain the exact number of such fugitives from the South, 
who may annually voluntarily, i. e. without being seduced by 
the abolitionists, leave their homes without the permission of 
their masters. But as the negro loves, generally, his southern 
home better than any other, it can be but small, perhaps not 
over fifty. The organized opposition against the execution of 
this law, even supported by express legislation of several 
Northern States, is a flagrant violation of the Federal Consti- 
tution and laws, and is one of the principal causes for secession 
of the Southern States from the Union. 

So the fair readers of these lines will again learn that another 
trouble about a few domestics is at the bottom of the present 
calamitous crisis and general stagnation of confidence, credit 
and business. A few restless bond servants, who, if they 
choose, may always obtain a peaceable dismission from service — 
for there are, according to the census, annually, four thousand 
bondmen manumitted in the South, voluntarily — are about to 
demolish the great work of George Washington, indirectly 
And if they come to those states who have enacted personal 



338 SEPARATION OF THE UNITED STATES. 

liberty laws, what awaits tliem? The flat refusal of a home, 
the denegation of voting rights — a state of bondage so truly in- 
sulting and galling as never is their condition in the South; 
many of those outcasts return, therefore, to the South. 

Mothers of families know too well that our country is the pa- 
radise of domestics and not of house-keepers. They alone are 
able to appreciate justly the feelings of our Southern friends, 
who are, like a beleaguered fortress, surrounded by organized 
bands of abolitionists, and visited by enemies of their domestic 
peace and institutions, under all kinds of disguises, stirring 
their bond servants up to disobedience, rebellion and murder! 
They alone can realize the truth wholly that society in the South 
cannot exist in a civilized state, if the four millions of negroes 
are not kept, as at present, organized for labor. Mothers of 
households know best how provoking and annoying it is to lose 
servants by intermeddlers or eavesdroppers. They alone are 
able to sympathize with the families in the South in their perilous 
situation. And, therefore, it is their sacred duty to do all in 
their power to allay the alarm of our Southern friends about the 
election of a gentleman as President with abolition proclivities 

We repeat it, without the gentle but most energetic and uni- 
versal intercession of the ladies, our Union is gone. Partizans 
cannot prevent that, Congress cannot do it, not the amending 
of the Federal Constitution is needed, but its faithful execution. 
Men who are banded together to defeat this most excellent law, 
as it is at present, will continue this rebellious course when 
amended. 'Tis easy to destroy, but difficult to create. We 
repeat again, that the incoming administration is an impossi- 
bility, without its total separation from abolitionism. Every 
good citizen, on whatever party grounds he stand — the writer of 
these lines has not voted for Mr. Lincoln — is bound to help 
that his administration gets in perfect working order. How 
that can be done is already apparent from these letters, and 
will become clearer in the next and last letter. We beg ex- 
pressly, and most respectfully, not to indulge in any hope that 
Congress can avert or help the crisis. This illusion may do irre- 
parable injury to the country. The President has intimated the 
same in his Message expressly. Congress, as the national govern- 
ment, has received no power to legislate on domestics anywhere. 



FOUR CRISIS LETTERS. 339 

or to restrain abolitionists, or demagogues in the several States 
from arrogant intermeddling with other people's business. 



NUMBER FOUR. 

The fair readers will now be anxious to know what they shall 
do for the country and Union. The answer is ; To form, for 
pro?n])t action, a grand imposing society, extending all over the 
country, for the main purpose of promoting conciliation and 
harmony, by discountenancing all anti-slavery agitation by the 
abolitionists and others, in the pulpit, lectures, prints, &c. 
This may be done by personal intercession and remonstrance, 
and by petitions, correspondence, and a thousand gentle but 
determined means, calculated to convince our Southern con- 
federate friends that the North means to make the constitu- 
tion a truth, keep it faithfully, and will stop all intermeddling 
with their domestic affairs. This, by itself, will and must lead 
to a speedy termination of the disastrous crisis and all secession 
trouble, and open the doors to the White House to Mr. Lincoln. 

For it is Africa — SAM-bo, not uncle Sam — who causes, origi- 
nally, the trouble, although innocently, because designing men 
use him for making political capital. This the ladies should 
bear in mind. It requires no persuasion to make any of them, 
who, as mothers of families, have only a few years 7 experience 
in housekeeping, believe that it is impossible to abolish the 
bond labor of four millions of negroes South, otherwise than by 
the almighty, gradual, but sure, agency of time. Bond labor, 
usually called slavery, is as little an absolute evil or a shame 
to the country as free labor. Man must labor. The negro was 
created to live and labor in the South. To keep him, usefully 
for him and the world, employed, the brains of the white man. 
created to labor in the temperate regions, must organize his 
labor, just as it is done North. 

Sentimentalists and abstractionists do not understand this 
natural order of labor, but ladies comprehend it, because they 
are the organizers of domestic labor and thoroughly acquainted 
with its system and detail. We are often in the necessity of 
explaining this to Europeans who have no experience in 
Southern labor, coming, as they do, from temperate regions, 



340 SEPARATION OF THE UNITED STATES. 

inhabited by one race while the United States are peopled by 
four distinct races — (Americans, Indians, Negroes, Mongols.) 
Bond labor in the South is a stern necessity. The North is 
not the judge of the South. If slavery is an evil, the reponsi- 
bility is with the South where it exists, and not with the North, 
where there are no slaves. Liberty has nothing to do with 
labor, bond or free. Liberty is nothing but freedom of sub 
jection, (as of the English, Austrians, &c.,) but not freedom of 
labor, order and propriety. Toiling on forever is our destiny, 
and by all our toiling and accumulating, we never acquire, ex- 
actly, for ourselves, more than our board, just as the slave does; 
what we make over goes to others in the form of wages. 

It is plain that under our most perfect Constitution, our 
Union may comprise as well a hundred States as thirteen, 
provided, that the people in the several States and their sub- 
divisions will mind their own public and domestic affairs, with- 
out troubling themselves with those of other people. If they 
will not do that then there will be an end of our Union, anyhow. 
No Confederation, and if it be made by angels, will stand such 
intermeddling. There is the rub. And there is the media- 
tion and go-between of the ladies required and in its most 
proper place. 

It should be distinctly understood that this society shall not 
in the least meddle with politics or disputes on slavery, but 
merely endeavor to rescue the domestic affairs South from the 
grasp of designing men. It shall put a stop to Northern su- 
pineness, and induce on the other hand, the excited mind of 
the South (fire-eaters) to hold on, and give to a fast rising, 
powerful reaction in the North (look at Massachusetts) time to 
remove the cause of national discord, to make room for sober 
second thought, North and South. This society may in this 
direction join hands with the Mount Vernon Association. The 
ousiness order will require a few meetings for the adoption of 
a few rules of organization. The name of Martha Washington 
Society has been proposed by a nucleus already existing for 
such a society since Nov. 21. It was calculated for New-York 
and Brooklyn. 

The right spirit is now moving. Patriotic clergymen are 
speaking the word. They will favor this Society. We want 



FOUR CRISIS LETTERS. 311 

now action, speedy action, determined action. We know the 
cause of our embarrassments, let us remove it at once. The 
honest, patriotic press will, with alacrity, support this move- 
ment, and the abolitionists will, we hope, not forget the courtesy 
and respect due to the ladies and mothers of families. 

A gentleman, as influential, as patriotic and generous, who 
will support this movement, wrote about it ; that this society 
might do much good and no harm, but that it must be moved 
by the impulse of the ladies. Perfectly true. The idea of 
forming such a society originated with a lady. We have tried 
to pen it down, but would not appear with those very prosaic, 
but well-meant letters, before the public if we had no experi- 
ence of our own of their great influence in such things. With- 
out it society would be a sorry affair, and among other things 
the Christian church would not be what it is. Who has be- 
stowed attention upon the history of the struggle of the Italians 
for that which we are about to demolish (thanks to a few design- 
ing men North and South) viz : a national government — will 
have noticed that women had an immense influence in its final 
success. The papers reported lately a stirring address of 
Garibaldi to them. The American women always were patriotic 
md often heroic. Women often ruled the destinies of empires. 
Che courage of Maria Theresa alone saved Austria. How 
jueekily Victoria rules Great Britain. 

Tho.se ladies now who are moved by the spirit of patriotism 
and wish to join this society, will please send their card under 
address: "Martha Washington Society,'" to the Brooklyn Post 
Office. The New-York Post Office may be also selected. 

If the present most disastrous, most unnecessary and, it 
must be said, most silly crisis, shall cease, and the new ad- 
ministration become a fact, the Union must be preserved and 
the secession movement stopped. Secessions finally will and 
must happen, come ichat iuill,"\£ the North continues to meddle 
with the Southern domestic affairs, or what is the same, with 
the most vital interests of Southern society, better understood 
and appreciated by ladies than gentlemen. Please, then, ladies, 
do your duty. Caine all and help deliver your sisters in the 
South for ever /torn \\xe rudest and most wanton intruders ot 



342 SEPARATION" OF THE "UNITED STATES. 

their homes, firesides, and domestic peace and happiness 

THE ABOLITIONISTS. 

The Society was a failure. The letters published in Decem- 
ber, 1860, would not be reprinted here if they had not been 
published at the expense of some of the most distinguished 
citizens of New-York, one calling himself a Federalist, one a 
staunch Republican, and one a patriot. I don't know his party 
connections. The time for such a society is past. But if these 
letters should convince mothers and sisters of the utter wicked- 
ness of the abolition war, they might warn their dearest friends 
to keep away from it, and thus contribute their mite to stay 
further fratricidal bloodshedding. 



B. 

MEMORIAL. 

to the honok-able members of the congress of the united 
States and the Confederate States. 

The undersigned begs to be excused by the extraordinary 
state of the public affairs, if he, with reference to the enclosed 
Treatise, ventures to respectfully represent : 

First, That the refusal of the late Congress to act upon the 
Stanton Volunteer or Force Bill, seems to have estopped 
further legislative and executive action in the matter of seces- 
sion and coercion ; Senatus . . . cum patiuntur, decernunt. — 

Secondly, That this non-action of the Congress qualified the 
Confederate States as a government de facto, of which a formal 
recognition seems to be the logical and juridical business con- 
sequence ; 

Thirdly, That the secession will promote evident advantages, 
provided both Confederations would 

a. Establish Free Trade, by abandoning the Tariff Policy 
entirely; (Conf. Letters VIII., XL., &c.) 

b. Abolish the Post Monopoly, by opening the mail business 
to free competition ; (Letter X., &c.) 

c. Dispense with Court Ambassadors, by confiding the busi- 



MEMORIAL. 343 

ness in question to Consuls or Special Commissioners, to avoid 
double standing court representations; (Letter XXIV., &c.) 

This practical business arrangement imperatively required 
by time in general, and to which a defensive alliance may be 
added, promises with certainty, 

First, To curtail the current congressional expenses about 
fifty per-cent, without the least injury to the public service ; 

Secondly, To obliterate, in due course of time, the prevalent 
gratuitous, but bitter sectional animosity and hostility; 

Thirdly, To make re-union, if desired, at any time, easy, and, 

Fourthly, To save the honor of the American system of 
governing, and the prestige of the nation, invariably lost by 
civil war. 

With great respect, the Author of "The Municipalise har 
the honor to sign. 



This Memorial has been sent in July, 1861, to both Congresse? 
by mail and express with copies of the Municipalist. It will 
not escape the attention of the reader that one of the most 
objectionable modes of raising a revenue — viz : customs, forms 
the main obstacle in a final arrangement of our new territorial 
relations. If true that the Congress of the Confederate States 
intends to abolish those indirect revenues, then an immense 
progress in international relations is made. 



c. 

MONTGOMERY CONSTITUTION. 

A permanent Constitution for the ''Confederate States" was 
manimously adopted by the Congress at Montgomery, on the 
11th of March. In most of its provisions it conforms to the 
Constitution of the United States; four-fifths of the clauses 
being adopted verbally from that instrument, except that the 
words "Confederate States" are substituted for "United States'' 
or "Union" in all cases. To some clauses slight additions are 
made, while others present important variations. The following 
presents a complete view of the changes : 



344 



SEPARATION OF THE UNITED STATES. 



The preamble commences : "We the people of the Confederate 
States, each State acting in its sovereign and independent cha- 
racter, in order to form a permanent Federal Government," &c; 
thus recognizing the doctrine of State sovereignty. 

No "person of foreign birth, not a citizen of the Confederate 
States, shall be allowed to vote." 

Representatives and Senators must be citizens of the Con- 
federate States ; but there is no limitation of the time for which 
they shall have been citizens. 

Any "Federal officer resident and acting solely within the 
limits of any State, may be impeached by a vote of two-thirds 
of both branches of the Legislature thereof." 

Senators must be chosen by the Legislatures of each State 
"at the regular session next immediately preceding the com- 
mencement of the term of service." 

"No person holding any office under the Confederate States 
shall be a member of either House during his continuance in 
office. But Congress may, by law, grant to the principal officer 
in each of the Executive departments a seat upon the floor of 
either House, with the privilege of discussing any measures 
appertaining to his department.' 

"The President may approve any appropriation and dis- 
approve any other appropriation in the same bill. In such 
case he shall, in signing the bill, designate the appropriations 
disapproved; and shall return a copy of such appropriations, 
with his objections, to the House in which the bill shall have 
originated ; and the same proceeding shall then be had as in 
case of other bills disapproved by the President." 

"No bounties shall be granted from the treasury; nor shall 
any duties or taxes on importations from foreign nations be laid 
to promote or foster any branch of industry ; and all duties 
imposts, and excises shall be uniform throughout the Confede- 
rate States." 

Congress has no power to "appropriate money for any internal 
improvement intended to facilitate commerce, except for the 
purpose of furnishing lights, beacons, and buoys, and other 
aids to navigation upon the coasts, and the improvement of 
harbors, and the removing of obstructions in river navigation, 
in all which cases such duties shall be laid on the navigation 



MONTGOMERY CONSTITUTION. 345 

faciliated thereby as may be necessary to pay the costs and 
expenses thereof." 

"No law of Congress shall discharge any debt contracted 
before the passage of the same." 

"The expenses of the Post-office Department, after the first 
day of March in the year of our Lord eighteen hundred and 
sixty-three, shall be paid out of its own revenues." 

"The importation of negroes of the African race, from any 
foreign country, other than the slaveholdiug States or Terri- 
tories of the United States of America, is hereby forbidden ; 
and Congress is required to pass such laws as shall effectually 
prevent the same." 

" Congress shall also have power to prohibit the introduction 
of slaves from any State not a member of, or Territory not be- 
longing to, this Confederacy." 

" No bill of attainder, or ex ]Jost facto law, or law denying or 
impairing the right of property in negro slaves shall be passed." 

" No tax or duty shall be laid on articles exported from any 
State, except by a vote of two-thirds of both Houses." 

" Congress shall appropriate no money from the treasury ex- 
cept by a vote of two-thirds of both Houses, taken by Yeas and 
Nays, unless it be asked and estimated for by some one of the 
Heads of Department, and submitted to Congress by the Presi 
dent ; or for the purpose of paying its own expenses and con- 
tingencies ; or for the payment of claims against the Confede- 
rate States, the justice of which shall have been judicially 
declared by a tribunal for the investigation of claims against 
the Government, which it is hereby made the duty of Congress 
to establish." 

" All bills appropriating money shall specify, in Federal cur 
rer.cy, the exact amount of each appropriation, and the purposes 
for which it is made ; and Congress shall grant no extra com 
pensation to any public contractor, officer, agent, or servant, 
after such contract shall have been made or such service ren- 
dered." 

" Every lav, or resolution having the force of law, shall relate 
to but one subject, and that shall be expressed in the title." 

" No State shall, without the consent of the Congress, lay 
iny imposts or duties on imports or exports, except what may 



34 O SEPARATION OF THE UNITED STATES. 

be absolutely necessary for executing its inspection laws ; and 
the net produce of all duties and imposts, laid by any State on 
imports or exports, shall be for the use of the Treasury of the 
Confederate States ; and all such laws shall be subject to the 
revision and control of Congress." 

" No State shall, without the consent of Congress, lay any 
duty of tonnage, except on sea-going vessels, for the improve- 
ment of its rivers and harbors navigated by the said vessels ; 
but such duties shall not conflict with any treaties of the Con- 
federate States with foreign nations ; and any surplus of revenue 
thus derived shall, after making such improvement, be paid 
into the common treasury ; nor shall any State keep troops or 
ships of war in time of peace, enter into any agreement or com- 
pact with another State, or with a foreign power, or engage in 
war, unless actually invaded, or in such imminent danger as 
will not admit of delay. But when any river divides or flows 
through two or more States, they may enter into compacts with 
each other to improve the navigation thereof." 

" No person except a natural-born citizen of the Confederate 
States, or a citizen thereof at the time of the adoption of this 
Constitution, or a citizen thereof born in the United States 
prior to the 20th of December, 1860, shall be eligible to the 
office of President ; neither shall any person be eligible to that 
office who shall not have attained the age of 35 years, and been 
14 years a resident within the limits of the Confederate States, 
as they may exist at the time of his election." 

11 The President and Vice-President " shall hold their offices 
for the term of six years ; but the President shall not be re- 
eligible." 

" The principal officer in each of the Executive Departments, 
and all persons connected with the diplomatic service, may be 
removed from office at the pleasure of the President. All other 
civil officers of the Executive Department may be removed at 
any time by the President, or other appointing power, when 
their services are unnecessary, or for dishonesty, incapacity, 
inefficiency, misconduct, or neglect of duty ; and when so re- 
moved, the removal shall be reported to the Senate, togethei 
with the reasons therefor." 



MONTGOMERY CONSTITUTION. 34? 

"No person rejected by the Senate shall be reappointed to 
the same office during their ensuing recess." 

" The citizens of each State shall be entitled to all the privi- 
leges and immunities of citizens in the several States, and shall 
have the right of transit and sojourn in any state of this Con 
federacy, with their slaves and other property ; and the right of 
property in said slaves shall not be thereby impaired." 

" No slave or other person held to service or labor in any 
State or Territory of the Confederate States, under the laws 
thereof, escaping or lawfully carried into another, shall, in con- 
sequence of any law or regulation therein, be discharged from 
such service or labor ; but shall be delivered up on claim of 
the party to whom such slave belongs, or to whom such service 
or labor may be due." 

" Other States may be admitted into this Confederacy by a 
vote of two-thirds of the whole House of Representatives, and 
two-thirds of the Senate, the Senate voting by States." 

" The Congress shall have power to dispose of and make all 
needful rules and regulations concerning the property of the 
Confederate States, including the lands thereof." 

"The Confederate States may acquire new territory; and 
Congress shall have power to legislate and provide governments 
for the inhabitants of all territory belonging to the Confederate 
States, lying without the limits of the several States ; and may 
permit them, at such times, and in such manner as it may by 
law provide, to form States to be admitted into the Confederacy 
In all such territory the institution of Negro Slavery, as it now 
exists in the Confederate States, shall be recognized and pro 
tected by Congress, and by the territorial government ; and the 
inhabitants of the several Confederate States and Territories 
shall have the right to take to such territory any slaves, lawfully 
held by them in any of the States or Territories of the Con- 
federate States." 

'• Upon the demand of any three States, legally assembled in 
their several Conventions, the Congress shall summon a Con- 
vention of all the States to take into consideration such amend 
ments to the Constitution as the said States shall concur in 
suggesting at the time when the said demand is made ; and 
should any of the proposed amendments to the Constitution be 



34:8 SEPARATION OF THE UNITED STATES. 

agreed on by the said Convention — voting by States— and tho 
same be ratified by the Legislatures of two-thirds of the several 
States, or by Conventions in two-thirds thereof — as the one or 
the other mode of ratification may be proposed by the General 
Convention — they shall thenceforward form a part of the Con- 
stitution. But no State shall, without its consent, be deprived 
of its equal representation in the Senate.'' 

" The government established by this Constitution is the 
successor of the Provisional Government of the Confederate 
States of America, and all the laws passed by the latter shall 
continue in force until the same shall be repealed or modified ; 
and all the officers appointed by the same shall remain in office 
until their successors are appointed and qualified, or the offices 
abolished." 

" All debts contracted and engagements entered into before 
the adoption of this Constitution shall be as valid against the 
Confederate States under this Constitution as under the Provi* 
eional Government." 



ERRATA. 

Page 20 and 15S, omit Dear. 
" 66 read transformed for transmitted. 
" % after the ward business what follows page 99 after the word* 

The house, &©, 
" 129 expatriate for expatiate. 
" 166 Madison for Monroe. 
•* 194 continuation for consummation. 
" 222 early before establishment. 
" 225 such/o/' court. 
" 256 cwriitfor curial. 
" 277 conclusive for exclusive. 
•» 80'- thievish for thriving. 



SOME PRIVATE OPINIONS. 



"The Municipalist is full of practical knowledge, sound in it* 
moral and political tone ; and I heartily wish it success." 

Troy ; May, 1859. Emma "YVillard. 

11 1 have read so much of The Municipalist as the pressure of my 
business occupations would permit. Its general tone and tendency 
meet my fullest approval; indeed, I have rarely looked into a hook 
of the kind which I would go so far along with in its principles and 
its details. I wish it would be in every house in the Republic." 

New-York, February, 1860. Ch. O'Conor 

•'I have given The Municipalist a careful examination, and the 
result is conviction that it would, if widely circulated, be highly 
useful ; and I should be glad to know that it was in possession of 
every citizen of the United States. It contains, in small compass, a 
great amount of valuable and necessary information, presented in a 
familiar and attractive style ; and I do not know of any other book 
which would be equally instructive to country readers, who generally 
seek the shortest and easiest paths to knowledge. I should be glad 
to know that it was a part of every farm-library in the country; it 
would serve to create more intelligent reverence among our farmers 
for our institutions, and to render our people more independent of 
the ignorant and designing demagogues called c party leaders 7 that 
infest the land, and from whose destructive and demoralizing embrace 
the nation is now struggling for freedom." John S. Littell 

Germantown, Phil., May, 1860. 



*' I have read The Municipalist with considerable care, and cer- 
tainly with deep interest. In many of the views, very strongly and 
clearly presented, I entirely concur. Of their vast importance to 
the well -being of the country, and the preservation of our political 
system, there can be no doubt. Taken as a whole, I regard it as a 
very instructive and valuable work, eminently and most usefully 
suggestive in its character, and calculated to do a great deal of good 
If the busy spirits of the day — too busy for grave thought or reflec- 
tion — the fanatics and the demagogues who are doing so much mis- 
chief to the country, could be made to pause long enough to study 
the pages of this book I cannot but believe that, in a vast many in- 
stances, their headlong career would be arrested, and the country, 
in this imminent crisis, would have the benefit of their more rational 
and conservative efforts. "Whatever I may find in my way to do to 
promote the circulation of this book, will certainly be done." 

Albany, August, I860 D. D Barnard. 



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